Understanding Seizure Laws: Articles and Legal Cases

Welcome to our curated collection of articles and legal cases focusing on seizures in the context of law and jurisprudence. Dive into insightful analysis and court rulings on this important topic.

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Commentary on ruling no. 27397 of 2023: Seizure and Asset Danger.

The recent ruling of the Court of Cassation provides significant insights on the confiscation of assets in relation to criminal conduct from the past, highlighting the implications of legal retroactivity.

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Seizure and Preventive Measures: Analysis of Judgment No. 24709 of 2023

A thorough analysis of ruling no. 24709 of 2023 by the Court of Cassation regarding confiscation and preventive measures, with reference to ruling no. 24 of 2019 by the Constitutional Court.

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Commentary on Judgment No. 50324 of 30/11/2023: Validation of the Evidence Seizure.

In this analysis of ruling no. 50324 of 30/11/2023, we delve into the implications of the validation order of the evidential seizure and the requirements needed for its legitimacy, highlighting the importance of the 'per relationem' reasoning.

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Analysis of Judgment No. 49739 of 2023 on the Inadmissibility of the Preventive Seizure Appeal.

The very recent ruling of the Court of Cassation offers significant insights into the management of appeals regarding preventive seizure, clarifying the conditions for admissibility and the necessary reasoning requirements.

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Judgment No. 51692 of 2023: The Issue of the Return of Seized Assets.

The recent ruling No. 51692 of 2023 clarifies the unchallengeability of the referral to the civil court for disputes regarding the ownership of seized assets, a matter of great relevance in the legal field.

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Commentary on Judgment No. 14047 of 2024: Preventive Seizure and Liability of Entities

Let's analyze the recent ruling no. 14047 of 2024, highlighting the importance of the motivation of 'periculum' in preventive seizure according to Legislative Decree no. 231/2001. An in-depth examination to understand the legal implications for legal entities.

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Commentary on Judgment No. 15673 of 2024: The Role of the Third Party in Preventive Seizure.

Judgment No. 15673 of 2024 provides important insights on the right of a third-party titleholder to contest a preventive seizure, clarifying the necessary conditions for the validity of confiscation and the role of the fictitious nature of the title.

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Commentary on the Ordinance Judgment No. 16144 of 2024 regarding asset prevention measures.

Let's analyze the recent ordinance no. 16144 of 2024, which clarifies the appealability of the decree rejecting the request for deferral of the eviction execution in case of seizure aimed at confiscation. Let's explore the legal implications and the available remedies.

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Judgment No. 14095 of 2024: News on the Seizure and Possession of Narcotic Substances.

The recent ruling of 2024 clarifies the retroactive application of confiscation for disproportion in the context of the crime of unlawful possession of narcotic substances, highlighting the consequences of the amendment of Article 85-bis of Presidential Decree No. 309/1990.

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Omission of ancillary ruling: analysis of judgment no. 16714 of 2024

The ruling no. 16714 of 2024 clarifies that the omission of accessory provisions in criminal matters does not result in the nullity of the judgment, but is amendable. Let's explore the meaning of this ruling and its implications together.