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.

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Judgment No. 48472 of 2023 and the Protection of Third-Party Creditors in the Confiscation Process.

Let’s analyze the recent ruling no. 48472 of 2023, which addresses the issue of preventive confiscation and the defense rights of third-party creditors. Together, we will explore the legal implications and the conditions for nullity in the case of failure to communicate the issues raised ex officio.

Bianucci Law Firm
Ruling No. 48749 of 2023: Defamation and the Right to Defense

The important ruling of the Court of Cassation on the non-exculpation of slanderous statements within the right to defense. An in-depth analysis of judgment no. 48749 of 2023.

Bianucci Law Firm
Judgment No. 49654 of 2023: The participation of the detained defendant in the appeal hearing.

The recent ruling no. 49654 of 2023 clearly establishes that, in the context of the emergency regulations due to Covid-19, detained defendants must request their appearance through their lawyer, highlighting the importance of respecting legal procedures even in exceptional situations.

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Analysis of Judgment No. 48080 of 2023: Implications of the Suspect's Silence and Compensation for Unjust Detention.

The recent ruling of the Court of Cassation clarifies the role of the accused's silence in the unjust detention proceedings, highlighting the importance of the legislative amendment of 2021 and its consequences on the recognition of compensation.

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Ruling No. 49964/2023: The Nullity of General Order and the Right of Defense.

The recent ruling of the Court of Cassation clarifies the limits of nullity due to the failure to communicate the conclusions of the Attorney General and the concept of prejudice in the right to defense.

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Commentary on Judgment No. 15675 of 2024: Opposition to the Renewal of the Proceedings and Nullity of the Judgment.

Let's analyze the recent ruling of the Court of Cassation regarding the defense's opposition to the renewal of the trial proceedings and its implications for the nullity of the appellate judgment.

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Commentary on Judgment No. 17160 of 2024: Appeals and Filing of Documents

An analysis of ruling no. 17160 of 2024, which clarifies the procedures for the filing of appeals according to the emergency regulations provided by Italian law.

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Direct examination of the body of the offense: commentary on ruling no. 14743 of 2024.

The ruling no. 14743 of 2024 by the Court of Appeal of Milan clarifies the methods of direct examination of the body of the crime, highlighting the absence of an obligation for a debate with the defense. Let’s explore the legal implications of this decision together.

Bianucci Law Firm
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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Analysis of Judgment No. 9830 of 2024: The Reasoning in Tax Appeal Judgments.

Judgment No. 9830 of 2024 clarifies the minimum reasoning requirements for appeal decisions in tax litigation, highlighting the importance of adequate reasoning to ensure the right of defense.