Understanding the Right to Defense in Legal Proceedings

Learn about the fundamental right to defense in legal proceedings, including the importance of legal representation and defense strategies in court cases. Stay informed with insightful articles and analyses on Studio Legale Bianucci's blog.

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Revocation of the Defender and the Right to New Reasons: Reflections on Judgment No. 24690 of 2022

Let's analyze ruling no. 24690 of 2022 by the Court of Cassation regarding the revocation of defense counsel and the right to present new grounds, clarifying the legal implications for defendants.

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European Arrest Warrant and the Right to Defense: An Analysis of Judgment No. 50684 of 2023.

The recent ruling of the Court of Cassation raises important questions regarding the right to legal representation for absent defendants in the context of the European arrest warrant, highlighting the defense guarantees and fundamental rights recognized at the European level.

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Omission of Notification in the Extradition Proceedings: Commentary on Judgment No. 48467 of 2023

The recent ruling no. 48467 of 2023 by the Court of Cassation emphasizes the importance of notification in the extradition process, highlighting the consequences of its omission on the right of defense of the extradited individual.

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Judgment No. 48804 of 2023: Electronic Filing and Inadmissibility of Appeals

Judgment No. 48804 of 2023 clarifies the importance of the correct use of PEC addresses for the electronic filing of appeals. A formal error can undermine the right to defense, highlighting the need to strictly follow regulatory guidelines.

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Judgment No. 47927 of 2023: The Importance of the Power of Appeal in the Appeal to the Court of Cassation.

The recent ruling no. 47927 of October 20, 2023 clarifies the admissibility procedures for the appeal to the Court of Cassation, highlighting the importance of the mandate to appeal and the related consequences for the absent defendant.

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Judgment No. 49480 of 2023: the standing of the defense in the appeal to the Court of Cassation.

Let's analyze ruling no. 49480 of 2023, which clarifies the importance of the special power of attorney for the defense in the waiver of the appeal to the Court of Cassation. A case that touches on the right to defense and the ways of exercising procedural rights.

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Judgment No. 49717 of 2023 and the Nullity of Notice to Defenders in Criminal Proceedings.

Let's explore the recent ruling of the Court of Cassation that clarifies the methods of raising the exception of nullity resulting from the failure to notify the defenders, with reference to Italian procedural rules.

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Analysis of Judgment No. 16080 of 2024: Nullity of the Paper Judgment in Pandemic Time.

The recent ruling no. 16080 of 2024 by the Court of Cassation clarifies the implications of the request for an oral hearing during criminal proceedings held in a chamber format during the Covid-19 pandemic, highlighting the absolute nullity in the absence of the defense attorney.

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Commentary on Judgment No. 16132 of 2024: Protective Measures and Evidence Tampering

Let's analyze the ruling no. 16132 of 2024, which clarifies the requirements for the application of personal precautionary measures in relation to the risk of evidence tampering, providing an important indication on the investigative needs of the defendants.

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Judgment No. 16131 of 2024: The Importance of the Defendant's Presence in the First Instance Trial.

Judgment No. 16131 of 2024 clarifies the conditions for the applicability of Article 585, paragraph 1-bis, of the Code of Criminal Procedure, highlighting the importance of the defendant's presence during the trial. Let's explore the details and legal implications.