Criminal appeals and election of domicile: the Court of Cassation with judgment No. 13808/2024 clarifies Art. 581 Code of Criminal Procedure
The Supreme Court, with decision No. 13808/2024 (filed 2025), states that the duty to file the election or declaration of domicile may also be fulfilled by an express reference to a prior document already in the file. We analyse the practical meaning, the effects on inadmissibility and the conflicting case law.
Family Abuse and the Presence of Minors: The Crucial Interpretation of the Court of Cassation with Ruling 9802/2025
The Court of Cassation, with ruling 9802/2025, clarifies a crucial aspect of the aggravating circumstance for family abuse in the presence of minors: direct witnessing of violence is not necessary, but indirect perception is sufficient. An in-depth analysis to better understand the protection of the most vulnerable.
Aggravated Pimping: Cassation 9231/2024 Clarifies the Absence of Necessary Coercion for the Exploitation of Multiple Persons
The Court of Cassation, with judgment no. 9231 of 2024, redefines the boundaries of the aggravating circumstance for the crime of pimping committed "to the detriment of multiple persons", establishing that the compression of the victims' self-determination is not necessary, even if they consent to the exercise of prostitution. A crucial analysis to understand the protection of public morality and the adaptation of the law to new exploitation scenarios, particularly online ones.
Court of Cassation Judgment No. 13783/2024: confiscation by equivalent between restorative function and punitive limits
The Supreme Court, with Judgment No. 13783/2024 (filed on 08.04.2025), once again outlines the boundaries and aims of confiscation by equivalent: a security measure with a dual nature—restorative and sanctioning—that turns genuinely punitive only when it exceeds the profit obtained by the offender. A clear, practical analysis for professionals and businesses.
Preventive measures and motivational burden: the Court of Cassation, judgment no. 13269/2024, refers the assessment of social dangerousness back to the trial judge
The Court of Cassation, with ruling no. 13269/2024, clarifies the limits within which the judge can base social dangerousness on facts not resulting in a conviction, imposing a rigorous burden of motivation and providing operational guidance on how to assess dismissed criminal proceedings.