Age Assessment in Juvenile Proceedings: The Court of Cassation and the Powers of the Precautionary Judge (Judgment no. 32337/2025)
An in-depth analysis of the judgment of the Court of Cassation no. 32337 of 2025, which clarifies the powers of the juvenile precautionary judge regarding the age assessment of the suspect, especially when culpability is in doubt, and the use of expert opinions ex officio to protect the minor's rights.
Civil Liability in Criminal Proceedings: Supreme Court Criminal Ruling no. 31281/2025 and the Appeal by the Civil Party
When a criminal acquittal does not preclude compensation: the Supreme Court clarifies the limits of the criminal judge's decision on civil liability following an acquittal 'because the fact did not occur', emphasizing the autonomy of civil assessment pursuant to art. 576 c.p.p. and art. 2043 c.c. A crucial analysis for victims.
The Correlation Between Charge and Judgment: Uncontested Aggravating Circumstances and Remand on Appeal (Cass. n. 30248/2025)
The Court of Cassation, with judgment no. 30248/2025, defines the criteria for remanding to the appellate judge in cases of uncontested special aggravating circumstances deemed less serious. A fundamental analysis on the principle of correlation between charge and judgment, safeguarding the right to defense and procedural efficiency.
The Appeal of the Civil Party to the Supreme Court after Acquittal: Judgment 31696/2025 and the Right to Compensation
The Supreme Court, with judgment 31696/2025, reaffirms the right of the civil party to appeal against a criminal acquittal that prejudices their compensation claims, emphasizing the importance of the appellate judge's reasoning. An in-depth analysis to understand your rights in case of a conviction reversal and how to protect your interests.
Precautionary Measures and Cumulative Proceedings: The Court of Cassation Clarifies with Judgment No. 30342 of 2025
The Court of Cassation, with judgment No. 30342/2025, addresses the complex management of precautionary measures in proceedings involving multiple defendants for crimes of different natures, establishing the unity of the proceeding but the need to protect the right to a prior interrogation for non-obstructive offenses. An essential guide to understanding procedural guarantees in Italian criminal law.
Precautionary Measures and Defense Briefs: The Supreme Court and the Failure to Assess (Judgment No. 31698 of 2025)
An in-depth analysis of the recent ruling by the Criminal Supreme Court No. 31698 of 2025, which clarifies when the failure to assess a defense brief in the review of precautionary measures does not lead to nullity, but affects the logical-legal correctness of the reasoning, with significant implications for the defense.
The Supreme Court on Remand Proceedings and Rescission of Judgment: Judgment no. 31235 of 2025
In-depth analysis of the Italian Supreme Court's ruling no. 31235/2025, clarifying the limits of remand proceedings in cases of rescission of judgment. Discover why new issues cannot be raised and the implications for defense in Italian criminal proceedings.
The Death of a Technical Consultant in Criminal Proceedings: An Analysis of Supreme Court Ruling No. 31764 of 2025
The Supreme Court, with Ruling No. 31764/2025, clarifies how to handle the report of a court-appointed technical consultant who dies before testifying at trial. An analysis of how criminal procedural law addresses unpredictable circumstances to ensure the validity of evidence and the pursuit of procedural truth.
Failure to Render Assistance: The Supreme Court and Intent in Error of Judgment – Ruling no. 30387/2025
The Supreme Court of Cassation, with ruling no. 30387 of 2025, clarifies the boundaries of intent in the crime of failure to render assistance, excluding it in cases of error regarding the assessment of danger or intervention methods, even if negligent. A fundamental analysis for understanding the required subjective element and its practical implications in Italian criminal law, offering crucial insights for professionals and citizens on the correct interpretation of Article 593 of the Criminal Code.
Free Legal Aid and Legal Costs: Cassation Ruling 30390/2025 on the Interest to Appeal
The Court of Cassation, with ruling no. 30390 of 2025, clarifies a crucial aspect regarding free legal aid: a defendant admitted to this benefit has no interest in appealing the award of costs to the Treasury, even if the civil party is also admitted. An analysis of the practical implications.