Military Jurisdiction in Peculation: Analysis of Judgment 20317 of 2025
Discover how the Court of Cassation, with Judgment No. 20317 of 2025, has clarified the boundaries between ordinary and military jurisdiction in cases of embezzlement. Delve into the principle of speciality and the importance of the service member's status and the asset's ownership for the correct attribution of jurisdiction.
European Arrest Warrant and Italian Conviction: Cassation Judgment no. 19696/2025
The Supreme Court, with judgment no. 19696 of 2025, clarifies that a final conviction in Italy for a different offense does not automatically block surrender under a European Arrest Warrant. Discover how the Court of Appeal discretionarily assesses such circumstances, avoiding automatisms and ensuring a case-by-case analysis to balance justice needs and the defendant's rights.
Family Maltreatment and Minors: Cassation Sentence 20128/2025 Redefines the Aggravating Circumstance
The Court of Cassation, with sentence no. 20128 of 2025, establishes new and stricter criteria for the application of the aggravating circumstance of family maltreatment committed in the presence of minors. An in-depth analysis of how jurisprudence protects the psycho-physical development of the youngest, going beyond the single episode of violence to configure a crime of serious social alarm.
European Arrest Warrant: The Court of Cassation on the Jurisdiction of the Issuing Authority (Judgment no. 19671/2025)
Explore the recent ruling of the Court of Cassation (Judgment 19671/2025) on the European Arrest Warrant. Discover when the lack of jurisdiction of the issuing authority can be raised by the executing authority and what are the limits imposed by the legislation, a crucial analysis for international judicial cooperation in criminal matters.
European Arrest Warrant: The Court of Cassation and the importance of informed consent (Cass. Pen. n. 19487/2025)
An important ruling by the Criminal Court of Cassation (n. 19487/2025) clarifies the fundamental requirements for valid consent to surrender in the European Arrest Warrant. Discover why complete and transparent information is crucial for the protection of fundamental rights and how deficiencies can invalidate the entire European extradition process, with serious consequences for the procedure.
Administrative Detention of Foreigners: The Court of Cassation's Judgment No. 18637 of 2025 and Judicial Review
An in-depth analysis of the Court of Cassation's 18637/2025 ruling on the administrative detention of foreigners. Discover how the judiciary ensures respect for fundamental rights, the importance of legality review, and the allocation of the burdens of proof between the Administration and the foreign national in the new legal framework.
The Continuation of the Offense and the Execution Judge: The Court of Cassation's Clarity No. 19390/2025
The Supreme Court, with Judgment No. 19390/2025, defines the limits of the Enforcement Judge in recognizing the binding nature of the continuation, excluding the consideration of precautionary measures following irrevocable judgments. An in-depth analysis to understand the implications of this important decision.
Administrative Detention and the Asylum Application: The Burden of Pleading (Court of Cassation No. 18274 of 2025)
An in-depth analysis of the Court of Cassation's recent ruling clarifying the requirements for examining the application for international protection during administrative detention, emphasizing the importance of the burden of adducing the relevant facts for asylum seekers in Italy. Discover how case law evolves in the field of immigration law.
Jurisdiction of the Supervisory Judge over Substitute Home Detention: Analysis of Judgment No. 18940/2025
The recent Court of Cassation ruling 18940/2025 definitively clarifies who has jurisdiction over enforcement matters relating to substitute home detention, confirming the central role of the Supervisory Magistrate even after the innovations introduced by Legislative Decree 150/2022. A thorough analysis to understand the practical implications for the execution of sentences.
Detention of Foreigners in Albania: The Court of Cassation Clarifies the 'Secondary' Detention (Judgment No. 17510/2025)
The Court of Cassation, with ruling No. 17510 of 2025, addresses a crucial issue: the legitimacy of the 'secondary' administrative detention of foreigners at facilities in Albania, even after the submission of the international protection application. An in-depth analysis of the implications of the Italy-Albania Protocol and the protections for asylum seekers.