Criminal Cassation: The Procedure for Appeals Against the Rejection of Seized Property Restitution - Judgment No. 30787 of 2025
The Court of Cassation, with judgment No. 30787 of 2025, clarifies the applicable procedure for appeals against the rejection of the restitution of evidential seized property. Discover the impact of the Cartabia Reform on Article 611 of the Code of Criminal Procedure and why the non-participatory chamber procedure is the default procedural model for these appeals, ensuring speed and legal certainty in criminal proceedings.
Extended Confiscation and Protection of the Third Assignee: Clarifications from the Court of Cassation with Judgment no. 30611/2025
The Court of Cassation, with judgment no. 30611 of 2025, defines the complex evidentiary burdens for the assignee of a mortgage credit who takes over after a seizure, outlining the boundaries of good faith and its relevance in the context of extended confiscation. An essential analysis for operators and stakeholders in economic criminal law.
Interceptions as the Corpus Delicti: The Supreme Court Clarifies Usability Beyond Article 270 of the Code of Criminal Procedure in Ruling No. 30566/2025
The Supreme Court, with ruling No. 30566/2025, defines the usability of interceptions as the 'corpus delicti'. We delve into how a conversation can become crucial evidence in different proceedings, overcoming the limits of Article 270 of the Code of Criminal Procedure, especially for corruption offenses, even if the completion occurs in later stages.
Defendant's Participation in Summary Appeal Proceedings: Analysis of Judgment No. 30606/2025
The Court of Cassation, with Judgment No. 30606/2025, clarifies the importance of the defendant's right to personally participate in summary appeal proceedings under Article 598-bis of the Code of Criminal Procedure, establishing the nullity of the judgment in case of violation of the adversarial principle. An in-depth analysis of a crucial issue for defense guarantees.
Absolute nullity on appeal: the Supreme Court with ruling no. 30069/2025 reiterates the right to oral hearing
The Supreme Court of Cassation, with ruling 30069/2025, annulled an appellate decision rendered through a non-participatory chamber procedure, despite the defense counsel's request for an oral hearing. A fundamental ruling that protects the right to defense and the regularity of adversarial proceedings in criminal trials, outlining the boundaries between written procedure and public hearing.
The Bank Treasurer and the Qualification of Public Service Officer: Analysis of Supreme Court Ruling 30184/2025
The Supreme Court of Cassation, with ruling 30184 of 2025, has defined the boundaries of the qualification of public service officer for bank employees managing the treasury of a local authority. An in-depth analysis of how this figure, far beyond mere money management, is crucial for public accounting transparency and criminal liability in cases of fraud or embezzlement.
Supreme Court Ruling No. 30119/2025: Admissibility and Evaluation of Civil Judgments and Arbitral Awards in Criminal Proceedings
The Supreme Court, with ruling No. 30119 of 2025, defines the limits of the probative value of civil decisions and arbitral awards in the criminal context. An in-depth analysis of Article 238-bis of the Code of Criminal Procedure and the judge's free evaluation, fundamental for understanding the autonomy of different branches of law.
Capacity to Understand and to Will: The Limits of the Court of Cassation's Review of Legality (Judgment No. 30491/2025)
Explore how the Court of Cassation, with judgment No. 30491 of 2025, defines the boundaries of the legality review on the assessment of the capacity to understand and to will. An in-depth analysis on when and how the trial court's assessments, based on psychiatric expert reports, become unchallengeable, ensuring scientific and logical correctness.
Extortion and Mafia-like Method: The Court of Cassation Clarifies the Concurrence of Aggravating Circumstances with Ruling No. 31325/2025
The recent decision of the Court of Cassation, Criminal Section, sheds light on the complex relationship between the aggravating circumstance of extortion with "silent" threat and the use of the mafia-like method, providing a crucial interpretation for jurisprudence and the fight against organized crime. An in-depth analysis of the reasoning and implications.
Ideological Falsehood and Private Documents: The Boundaries of the Offense According to the Supreme Court in Ruling no. 31112 of 2025
The Supreme Court of Cassation, with ruling 31112/2025, has defined the boundaries of ideological falsehood committed by a public official, excluding the criminal relevance of a defense attorney's forged signature on private documents before their filing. An in-depth analysis to understand when a falsehood becomes a crime and its implications for legal professionals and citizens.