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.

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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.

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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.

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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.

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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.

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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.

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Commentary on Judgment No. 39576 of 2024: Absence of the Defendant and the Right to Defense

The recent ruling of the Court of Cassation clarifies the rights of the defendant regarding the appointment of a defense attorney and their absence in criminal proceedings. Let us analyze the key points and legal implications.

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Judgment No. 37924 of 2024: Right to Participate in the Review Hearing in Precautionary Measures.

Judgment No. 37924 of 2024 clarifies the defendant's right to personally participate in the review hearing, even with a supplementary request. An important safeguard for the defense in criminal proceedings.

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Commentary on Judgment No. 38848 of 2024: The Recognition of Continuation "in Executivis" and the Limits of Sentence Increase.

The ruling no. 38848 of 2024 addresses the issue of the illegality of the penalty increased beyond legal limits and the possibility for the convicted person to assert such illegitimacy before the execution judge. Let's explore the details.

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Domestic abuse: analysis of the ruling Cass. pen. no. 13157 of 2022.

The ruling of the Court of Cassation on the case of mistreatment perpetrated by teachers in a nursery school highlights important legal aspects regarding the protection of minors and the responsibility of educators.

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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.