Legal Articles and Case Law on Various Legal Topics

Welcome to our page dedicated to legal articles and case law on various legal topics. Here you can find insightful articles and updates on the latest legal developments.

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Judgment No. 51159 of 2023: State of Necessity and Relevance of Putativity.

Analysis of ruling no. 51159 of 2023 regarding the state of necessity and its legal implications. An in-depth look at the requirements needed for the applicability of this justification.

Bianucci Law Firm
Commentary on Judgment No. 51160 of 2023: Proof of Damages in Compensation

Judgment No. 51160 of October 31, 2023, of the Court of Cassation clarifies the requirements for general condemnation to compensation for damages, highlighting the importance of the causal link and the potential harmful capacity of the damaging act.

Bianucci Law Firm
Commentary on Judgment No. 50710 of 2023: Plea Bargaining in Appeal and Proportionality of the Sentence

The recent ruling of the Court of Cassation clarifies the limits of review on the penalty in the appeal agreement, highlighting the importance of the appropriateness of the agreed final penalty and the consequences on its calculation.

Bianucci Law Firm
Commentary on Judgment No. 49627 of 2023: Legitimacy of Concealed Wiretaps.

The recent ruling clarifies the role of the public prosecutor in the transmission of interception orders, highlighting the importance of investigative secrecy and the legitimacy of the partial redaction of information.

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Judgment No. 50847 of 2023 and the Differentiated Detention Regime: A Legal Analysis

The recent ruling of the Surveillance Court of Turin clarifies the illegitimacies of the restrictions on outdoor stay for inmates subjected to the regime under Article 41-bis, emphasizing the need for individualized measures.

Bianucci Law Firm
Analysis of Judgment No. 51399 of 2023: The Right Balance between Security and Freedom of Correspondence.

The recent ruling no. 51399 of 2023 emphasizes the legality of the retention of correspondence for inmates subjected to the regime under Article 41-bis, highlighting constitutional rights and security needs.

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Commentary on Judgment No. 51407 of 30/11/2023: Reflections on the Differentiated Detention Regime.

Let's analyze the very recent ruling of the Court of Cassation regarding Article 41-bis of the prison system and the implications on the presumption of dangerousness of those sentenced to life imprisonment.

Bianucci Law Firm
Judgment No. 50729 of 2023: Seizure of Illicit Profits and Initiative of the Public Prosecutor.

Analysis of ruling no. 50729 of 2023 that clarifies the methods of executing the confiscation of criminal profits and the crucial role of the public prosecutor in the selection of confiscable assets.

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Commentary on Judgment No. 49255 of 2023: Sentence Reduction and Waiver of Appeal.

Let's explore the recent ruling no. 49255 of 2023, which clarifies the conditions for sentence reduction in the context of waiving the appeal. A useful analysis to understand the dynamics of Italian criminal law.

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Judgment No. 48579 of 2023: New Perspectives on Substitute Sentences and the Cartabia Reform

Judgment No. 48579 of 2023 by the Court of Cassation clarifies the applicability of alternative penalties for short custodial sentences, particularly in relation to the transitional provisions introduced by the Cartabia reform. We will analyze the legal and practical implications of this decision.