Defense in Legal Cases: Articles and Judgments
Discover insightful articles and judgments on legal defense in various cases on the Bianucci Law Firm blog. Stay informed and up-to-date on defense strategies and legal precedents.
Analysis of Judgment No. 14577 of 2022: The Rescission of the Final Judgment and the Appointment of the Trusted Defender.
The ruling no. 14577 of 2022 by the Court of Cassation addresses the issue of the rescission of the judgment in relation to the appointment of a trusted defense lawyer. Let’s explore together the legal implications of this ruling.
Judgment No. 16138 of 2022: The Validity of the Waiver of the Suspension of Procedural Deadlines.
The recent ruling of the Court of Cassation clarifies that, in the case of legal assistance from two lawyers, the waiver of the suspension of procedural deadlines can be valid even if made by only one of them. A detailed analysis of the legal principle involved.
Commentary on Judgment No. 16140 of 2022: The Appointment of Counsel for Fugitive Defendants.
The recent ruling no. 16140 of 2022 clarifies the limits of the right to appoint a defense lawyer by next of kin in the case of absconding, emphasizing the importance of the legal personality of the accused and the current procedural laws.
Commentary on Judgment No. 15657 of 2023: General Nullity in Appeal
Analysis of ruling no. 15657 of 2023 declaring general nullity for failure to notify the defense in the paper-based appeal proceedings during the pandemic.
Judgment no. 17327 of 2023: the right of the foreign defendant to assistance from an interpreter.
The recent ruling no. 17327 of 2023 clarifies the conditions for the right to interpreter assistance for foreign defendants, emphasizing the importance of the declaration of non-understanding of the Italian language.
Commentary on Judgment No. 14854 of 2023: Nullity for Late Filing in the Paper Appeal Proceedings.
The ruling no. 14854 of 2023 of the Court of Cassation addresses the issue of nullity due to late filing of written conclusions in the paper-based appeal proceedings, highlighting the importance of adhering to deadlines in criminal proceedings during the emergency regulations.
Judgment No. 16017 of 2023: Victim's Advanced Age and Impairment of Defense.
Judgment no. 16017 of 2023 clarifies that the advanced age of the victim does not automatically imply a presumption of diminished defense. A case of attempted fraud highlights the importance of assessing individual vulnerability.
Commentary on Judgment No. 14608 of 2023: Pepper Spray and Regulatory Differences.
The recent ruling no. 14608 of 2023 clarifies the conditions for the configuration of carrying pepper spray in a public place, analyzing the differences between offenses and self-defense regulations.
Impediment of the defender: analysis of ruling no. 38270/2024
The ruling of the Court of Appeal L'Aquila clarifies the procedures for postponing the hearing in case of the defender's impediment in the appeal trial. An important reflection on legal procedures and the rights of defendants.
Judgment No. 39476 of 2024: The Nullity of the Indictment and the Role of the Summons to Trial.
Let's analyze the recent ruling no. 39476 of 2024, which clarifies the conditions for the nullity of the indictment in cases of the omission of the defendant's name. An important decision for Italian jurisprudence.