Understanding the Right of Defense in Legal Proceedings

The right of defense is a fundamental principle in legal proceedings, ensuring that individuals have the opportunity to present their case and respond to accusations. Explore our collection of articles and insights on this crucial aspect of the legal system.

Bianucci Law Firm
Commentary on Judgment No. 698 of 2025: Appeal of Tax Assessment between Spouses

The recent ruling of the Court of Cassation clarifies the right of appeal against the tax assessment notice by the co-filing spouse, ensuring the right to defense in the case of a joint declaration.

Bianucci Law Firm
Analysis of Judgment No. 1919 of 2024: Appeal and Obligation of Specific Statement of Reasons.

Ruling no. 1919 of 2024 clarifies the importance of specificity in the grounds for appeal, highlighting how the lack of details can compromise the right to defense and the judge's assessment.

Bianucci Law Firm
Commentary on Judgment No. 47271 of 2024: Rescission of the Res Judicata and Knowledge of the Process.

Let's analyze the ruling of the Court of Cassation that clarifies the concept of actual knowledge of the proceedings in the context of the annulment of the judgment, highlighting the implications for the defendants and their legal defenses.

Bianucci Law Firm
Judgment No. 46027 of 2024: Right of Access to Audio Files in Review.

The recent ruling of the Court of Cassation provides important clarifications on the right to access audio files in the case of complex precautionary measures. Let's analyze the consequences of this decision for the right of defense and the implications for the management of wiretaps.

Bianucci Law Firm
Judgment No. 45013 of 2024: Interpretation of Precautionary Measures for Non-Italian Speaking Defendants.

An analysis of ruling no. 45013 of 2024 on the right of defense for defendants who do not speak Italian, highlighting the importance of translation and the presence of interpreters during the guarantee interrogation.

Bianucci Law Firm
Production of minutes in defensive investigations: commentary on ruling no. 46795 of 2024

The recent ruling no. 46795 of 2024 clarifies that the records of defensive investigations are not subject to the five-day deadline for filing memoranda, highlighting an important distinction in the surveillance procedure.

Bianucci Law Firm
Divorce alimony and the right to defense: Cass. civ. n. 29908 of 2024

The recent ruling of the Court of Cassation clarifies the dynamics related to the revision of the divorce allowance and the importance of adversarial proceedings, emphasizing the right to defense in complex situations of health and maintenance.

Bianucci Law Firm
Commentary on the Judgment of the Court of Cassation, Criminal Section VI, No. 31174 of 2023: The New Guidelines on Extradition and Preventive Seizure.

The ruling of the Court of Cassation in 2023 provides significant insights regarding judicial cooperation between Italy and San Marino, highlighting the need to follow the correct notification and transmission procedures for preventive seizure.

Bianucci Law Firm
Judgment No. 19376 of 2023: Referral and Chamber Procedure in Emergency Regulation.

Analysis of ruling no. 19376 of 2023 regarding the management of hearings during the Covid-19 emergency period and the importance of timing in the request for oral proceedings.

Bianucci Law Firm
Wiretapping: Commentary on Judgment No. 26297 of 2024

The ruling no. 26297 of 2024 clarifies the importance of the proper submission of authorization decrees for telephone interceptions, ensuring the right to defense and the legitimacy of precautionary measures.