Evasion of Compulsory Education: The Court of Cassation (Judgment no. 30777/2025) and "Abolitio Criminis" Between Old and New Criminal Law
The Court of Cassation, with judgment no. 30777 of 2025, has clarified the absence of normative continuity between the repealed misdemeanor under Article 731 of the Criminal Code and the new felony under Article 570-ter of the Criminal Code for non-compliance with the duty to educate minors, determining an "abolitio criminis" for past conduct and redefining the requirements for the criminal relevance of school evasion. Discover the implications of this fundamental ruling.
Conflict Between Operative Part and Reasoning: The Court of Cassation and Ruling no. 31119/2025
The Supreme Court, with Ruling no. 31119 of 2025, addresses a crucial theme in criminal law: the conflict between the operative part and the reasoning of a judgment. Discover how judges balance the immediate decision-making will with the clarity function of the reasoning, and when the latter can correct an error in the operative part, ensuring justice and consistency.
Right to Defense and Hearing Record: Analysis of Supreme Court Criminal Ruling No. 31769/2025
The Court of Cassation, with ruling No. 31769/2025, clarifies a crucial aspect of criminal procedural law: the omission of recording defense conclusions does not lead to absolute nullity if the defense counsel was able to fully exercise their prerogatives. Discover the implications of this important pronouncement for the protection of rights during the trial hearing.
The Conflict Between the Operative Part and the Reasoning in the Remand Judgment: The Court of Cassation and Judgment No. 30311/2025
The Court of Cassation, with judgment No. 30311/2025, clarifies the inadmissibility of the conflict between the operative part and the reasoning in the remand judgment. Discover why such a defect must be raised only with an extraordinary appeal pursuant to art. 625-bis c.p.p., a crucial point for criminal defense and the correct management of appeals.
Child Pornography and 'Exploitation' of a Minor: The Court of Cassation and the Limits of 'Domestic Pornography' - Judgment No. 32175/2025
The Supreme Court, with judgment No. 32175 of 2025, clarifies the boundaries of the conduct of 'exploitation' of a minor in the crime of child pornography under Article 600-ter of the Criminal Code. Discover how violence and threats can exclude 'domestic pornography' and the implications of this ruling for the protection of minors.
Quarantine and Immediate Return Obligation: Cassation Court Criminal Section Ruling 31668 of 2025
The Court of Cassation, with Ruling 31668/2025, has outlined criminal liability for those discharged from hospital testing positive for SARS-CoV-2 who do not immediately return to their residence, confirming the absolute nature of mobility restrictions and their ongoing legal implications, even after the acute phase of the health emergency.
Minor's Testimonial Capacity: Supreme Court Ruling n. 32176/2025 Clarifies the Relevant Moment
An in-depth analysis of the recent ruling by the Court of Cassation, judgment n. 32176 of 2025, which clearly outlines the crucial moment for assessing the testimonial capacity of a minor at the time of the events, who has reached majority by the time of evidence gathering, offering important insights for procedural protection and the correct acquisition of statements.
Copyright and Public Venues: The Supreme Court on Profit Motive (Ruling no. 30279/2025)
Explore the recent ruling of the Court of Cassation, Ruling no. 30279 of 2025, which clarifies when the broadcast of sporting events in a public venue with a private subscription constitutes copyright infringement. Delve into the importance of 'profit motive' and its legal implications for business owners and professionals in the sector, providing an essential framework for avoiding penalties.
Joint Appeals in Criminal Proceedings: The Supreme Court's Orientation with Judgment No. 32177 of 2025
We analyze the Supreme Court's ruling No. 32177 of 2025, which clarifies the limits of application of Article 573 paragraph 1-bis of the Code of Criminal Procedure when criminal appeals by the defendant and civil appeals by the civil party coexist, outlining the importance of 'simultaneus processus' for justice and decision consistency.
Fraudulent Labor Supply: The Supreme Court Clarifies the Nature of the Offense with Ruling No. 32041/2025
The Supreme Court, with ruling no. 32041/2025, defines fraudulent labor supply as an offense of immediate danger, perfected by the evasive agreement. We delve into the implications of this important pronouncement for worker protection and corporate responsibilities in compliance with labor law regulations.