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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The legitimacy of the delegated European Prosecutor: analysis of ruling no. 45407 of 2024.

Judgment no. 45407 of 2024 clarifies the role of the delegated European Prosecutor in the context of appeals, establishing their standing to file appeals to the Court of Cassation. A thorough analysis of the reasoning and legal implications.

Bianucci Law Firm
Judgment No. 47333 of 2024: Substitute Penalties and Burden of Proof

The recent ruling of the Court of Appeal of Milan clarifies the inadmissibility of requests for alternative sentences to short prison sentences without the necessary documentation, highlighting the absence of a burden on the defendant and the limitations of local agreements.

Bianucci Law Firm
The Use of Facebook Messages as Evidence: Commentary on Judgment No. 46715 of 2024

The recent ruling of the Court of Cassation clarifies the methods of acquisition and evidential use of messages exchanged on Facebook, highlighting the distinction between traffic data and intercepted communications.

Bianucci Law Firm
Analysis of Judgment No. 45413 of 2024: the Preclusive Effect of the Measures of the Enforcement Judge.

Judgment no. 45413 of 2024 provides important insights regarding the preclusive effect of the measures taken by the enforcement judge, clarifying the limits and conditions for a new decision on the same subject.

Bianucci Law Firm
Commentary on ruling no. 45829 of 2024: substitute penalties and the competence of the judge of referral.

Analysis of ruling no. 45829 of 2024 regarding the application of substitute penalties in the event of annulment with referral. An in-depth look at the transitional provisions introduced by the Cartabia Reform.

Bianucci Law Firm
Judgment No. 46236 of 2024 and the Aggravating Factor of the Presence of a Minor in Criminal Law

An analysis of ruling no. 46236 of 2024, which clarifies the legal implications of the presence of a minor during the commission of crimes, particularly in the context of sexual violence.

Bianucci Law Firm
Seizure and Opposition: Analysis of Judgment No. 45818 of 2024

Order No. 45818 of 2024 clarifies the rights of a third party in the event of confiscation ordered against a defendant, defining the procedures for opposing the rejection of the restitution request.

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Commentary on Judgment No. 45816 of 2024: Opposition to Criminal Penalty Decree and Payment Plan for Monetary Penalty.

Let's analyze ruling no. 45816 of 2024, which clarifies the unappealability of the rejection of the request for the installment of the monetary penalty. Let's explore the legal implications and the correct procedures to follow.

Bianucci Law Firm
Commentary on Judgment No. 44519 of 2024: Tax Debt Restructuring and Seizure.

The recent ruling of the Court of Cassation clarifies how the agreement for the restructuring of tax debt affects the measure of confiscation, highlighting the importance of the principle of proportionality in tax criminal law.

Bianucci Law Firm
Commentary on Judgment No. 44042 of 2024: Abuse of Domestic Relationships and Criminal Liability

Analysis of ruling no. 44042 of 2024 on the configuration of the aggravating factor of domestic relationship abuse and its impact on Italian criminal law.