Criminal Procedure: Legal Insights and Case Studies

Welcome to our page dedicated to criminal procedure in the legal field. Here you can find in-depth articles, case studies, and insights on court proceedings and the legal system.

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Judgment No. 14035 of 2024: Substitute Sanctions and the Two-Phase 'Sentencing' Mechanism.

The very recent ruling of the Court of Cassation provides important clarifications on substitute sanctions and their application in the context of the appeal process, revealing the dynamics of the bifasic 'sentencing' mechanism.

Bianucci Law Firm
Commentary on Judgment No. 15666 of 2024: Appeals and the Right of Access to Justice

Let’s analyze judgment no. 15666 of 2024 regarding the applicability of Article 581, paragraph 1-ter, of the Criminal Procedure Code for detained defendants. An important reflection on the right of access to justice in complex contexts.

Bianucci Law Firm
Order No. 13408 of 2024: The 'de plano' Procedure in the Right to the Return of Seized Goods.

Let's analyze order no. 13408 of February 27, 2024, which clarifies the implementation of the right to the return of goods and the identification of the recipient, pursuant to Article 667 of the Code of Criminal Procedure.

Bianucci Law Firm
Commentary on Judgment No. 14895 of 2024: Appeals and House Arrests

In this article, we analyze Judgment No. 14895 of 2024, which clarifies the reasons for the inadmissibility of appeals concerning house arrest and the recent amendments to the Code of Criminal Procedure.

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Commentary on Judgment No. 15141 of 2024: Necessary Referral and the Prohibition of Bis in Idem.

Let's analyze the recent ruling no. 15141 of 2024, which clarifies the dynamics of referral to the court of first instance in the context of the prohibition of double jeopardy, highlighting the importance of ensuring a level of merit for the defendant.

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Analysis of Judgment No. 16046 of 2024: Principle of Judge Immutability

Judgment No. 16046 of 2024 of the Court of Cassation provides important insights on the principle of the immutability of the judge, clarifying the conditions under which a panel of judges may legitimately issue a ruling, even if composed differently from the one initially appointed.

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Commentary on Judgment No. 17091 of 2024: Ten-Day Term and Nullity in Intermediate Regime.

Judgment No. 17091 of 2024 addresses the importance of the ten-day period between the notification of the notice and the hearing, clarifying the legal consequences in case of non-compliance. Learn more about this principle and its applications in criminal law.

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Judgment No. 17225 of 2023: the importance of defensive investigations in criminal proceedings.

The illustration of ruling no. 17225 of 2023 highlights the importance of formal correctness in defensive investigations and the legal consequences of the failure to draft the authentication report.

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Judgment No. 36775 of 2024: Professional Secrecy and Its Limitation in Criminal Proceedings.

The ruling No. 36775 of 2024 clarifies that professional secrecy can only be invoked by witnesses, not by defendants or accused persons. Let us analyze the implications of this decision for the right to defense and the search for evidence in the Italian legal system.

Bianucci Law Firm
Analysis of the Judgment of the Court of Cassation, Criminal Section VI, No. 33012 of 2024: Fraud and Nullity of the Proceedings.

The recent ruling of the Court of Cassation highlights important principles regarding the nullity of the trial and the inadmissibility of evidence, with particular reference to aggravated fraud and corruption. A case that raises questions about criminal liability and the right to defense.