The Duration of Administrative Detention of Applicants for International Protection: Judgment 17508/2025
An important ruling by the Supreme Court clarifies the time limits of the 'secondary' administrative detention for foreign nationals who submit an application for international protection while they are already in a Center for Permanence for Repatriation (CPR). Discover the implications of Judgment No. 17508 of 2025 and how it affects the rights of asylum seekers in Italy.
Stalking and Complaint: The 2025 Supreme Court on the Prosecutability of Habitual Offence (Judgment no. 18868/2025)
The Supreme Court of Cassation, with Judgment no. 18868/2025, clarifies the nature of the stalking offence as an improper habitual crime, establishing that the initial complaint extends its validity to subsequent persecutory conduct, strengthening victim protection and simplifying the judicial process.
Absolute nullity in the review of precautionary measures: analysis of Judgment No. 18189 of 2025
An important ruling by the Court of Cassation reaffirms the suspect's fundamental right to participate in the hearing for the review of precautionary measures. Find out why the failure to provide notice constitutes an absolute, irremediable nullity, which is recognizable at any stage of the proceedings, ensuring full protection of the citizen against restrictive measures.
Kidnapping and Gambling Addiction: Cassation Ruling No. 19407/2025 Redefines Victim Incapacity
The Court of Cassation, with ruling No. 19407/2025, has established that gambling addiction can constitute incapacity due to the victim's infirmity, a prerequisite for the ex officio prosecution of the crime of kidnapping. A decision that broadens victim protection and poses new interpretative challenges in criminal law.
Fraud and the Omissive Dispositive Act: Analysis of Cassation Judgment No. 20249 of 2025
Explore how the Court of Cassation, with the Cassation Judgment No. 20249 of 2025, has redefined the boundaries of the crime of fraud, recognizing the validity of the omissive patrimonial disposition act. A crucial analysis to understand the new frontiers of protection against fraud.
Unjust Detention: The Court of Cassation and the Right to Compensation (Judgment no. 18446/2025)
The Court of Cassation, with judgment no. 18446/2025, defines the criteria for compensation for unjust detention. We analyze when pre-trial detention exceeds the imposed sentence and the conditions, including the absence of gross negligence on the part of the applicant, to access this fundamental right. A key insight for legal protection.
Compensation for Unjust Detention: The Rights of Heirs in Light of Supreme Court Ruling No. 17494/2025
An in-depth analysis of Supreme Court ruling No. 17494 of 2025, which defines the strict prerequisites for recognizing compensation for unjust detention for the heirs of a deceased suspect, highlighting the importance of the procedural outcome for co-defendants and the delicate legal distinctions involved.
The Non-Appealability of Judgments with Pecuniary Penalty: Analysis of Cassation No. 17277 of 2025
The Court of Cassation, with judgment no. 17277 of 2025, clarifies the limits to appeal for convictions that provide for a fine, even if it replaces detention. An essential in-depth analysis of the changes introduced by the Cartabia Reform and the practical implications for Italian criminal justice, between simplification and procedural guarantees.
The Aggravating Circumstance of Art. 71 Legislative Decree 159/2011: Clarifications from the Supreme Court with Ruling 20227/2025
An in-depth analysis of ruling 20227/2025 by the Court of Cassation, which outlines the boundaries for applying the aggravating circumstance to those who commit crimes while under preventive measures, even if revoked, distinguishing between supervening elements and original deficiencies. An essential read for understanding Italian criminal justice.
Immediate Judgment and Assessments of the Minor's Personality: Cassation Order 20236/2025
The Court of Cassation, with order 20236 of 2025, clarifies the powers of the Juvenile Judge for preliminary investigations (GIP) in juvenile proceedings: the rejection of immediate judgment and the request for assessments of the minor's personality do not constitute an abnormal act, safeguarding the flexibility of the juvenile criminal system and the protection of the minor.