International Protection and Detention: The Court of Cassation Clarifies the Terms with Judgment No. 16529/2025
An in-depth analysis of the Court of Cassation ruling 16529/2025 that redefines the terms for the request for international protection during administrative detention. Discover the implications for asylum seekers and the authorities, between fundamental rights and expulsion procedures.
Direct Confiscation and Bankruptcy Offences: The Limits of Preventive Seizure according to the Supreme Court (Judgment no. 17718/2025)
The Supreme Court, with judgment no. 17718/2025, has outlined precise boundaries for preventive seizure aimed at direct confiscation in bankruptcy offences. Delve into the crucial distinction between direct profit and seizure in lieu, understanding the implications of this fundamental decision for asset protection and the application of real precautionary measures.
Obstacle to Public Supervision: Analysis of Judgment 20174/2025 on Art. 2638 c.c.
The recent judgment 20174/2025 of the Supreme Court clarifies the nature of the offense of obstructing supervisory functions under art. 2638 c.c. An in-depth analysis of omissive or fraudulent conduct that conceals the economic reality of companies, revealing when the offense is perfected and its legal implications for businesses.
Court of Cassation, Order no. 20257/2025: Clarifications on the Appealability of Acquittal at the Preliminary Hearing
An important Order from the Court of Cassation, no. 20257/2025, sheds light on a crucial aspect of criminal procedural law: the appeal regime for acquittals issued at the end of the preliminary hearing. Let's find out why these decisions remain appealable, even after recent legislative changes that introduced non-appealability for crimes with direct summons.
The Qualification of Public Service Officer: Judgment 20127/2025 and the Role of CUP Employees
An important decision by the Court of Cassation, judgment no. 20127 of 2025, clarifies the boundaries of the qualification of public service officer for healthcare company employees working at the CUP, analyzing autonomy and discretion. Discover the implications for crimes against Public Administration.
Extradition and "Ne Bis In Idem": The Cassation Ruling 19481/2025 Clarifies the Limits of the International Principle
The Court of Cassation, with ruling no. 19481 of 2025, has provided important clarifications on the principle of international "ne bis in idem" in extradition matters, establishing that a final conviction in a non-EU state does not prevent extradition. Discover the implications of this decision for transnational justice and the rights of the accused.
Recusal of the Judge: Cassation 19416/2025 Clarifies the Terms of Proposal
The Supreme Court, with ruling no. 19416 of 2025, intervenes on the delicate issue of judge recusal, establishing a fundamental principle for the commencement of terms: actual knowledge of the cause. An essential insight for lawyers and citizens on the protection of impartiality in criminal proceedings.
Detention of foreign nationals and reasoning of extensions: Court of Cassation No. 16364/2025 clarifies the obligations of the Justice of the Peace
The Supreme Court, with ruling 16364/2025, quashed and remanded an order extending detention in a Repatriation Detention Centre (CPR), highlighting the limits of “reasoning by reference” and reaffirming the centrality of Article 13 of the Constitution and Article 14 of the Consolidated Immigration Act. An operational analysis for lawyers and legal practitioners.
Criminal Court of Cassation No. 16444/2025: superficial reasoning in the validation of the detention of foreigners
The Supreme Court quashes and remands the order of the justice of the peace that had endorsed the administrative detention of a foreign national without verifying the reasons put forward by the Chief of Police, clarifying the limits of judicial review of reasoning and the procedural remedies under Art. 606 of the Code of Criminal Procedure.
Detention of Foreign Nationals and Right of Defence: analysis of Court of Cassation No. 16440/2025
The Court of Cassation, with judgment 16440/2025, clarifies the defence guarantees of a foreign national detained under Law 187/2024: the sole presence of an interpreter at the validation hearing may suffice, provided it ensures full understanding of the reasons for the measure and the outcome of the proceedings.