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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Conditional suspension of the sentence and failure to pay VAT: ruling no. 46753 of 2024.

Judgment no. 46753 of 2024 clarifies how the conditional suspension of the sentence for failure to pay VAT can be conditional on the payment of the evaded tax even in the absence of a civil party, highlighting the relationship between the taxpayer and the State.

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Analysis of Judgment No. 46705 of 2024: Revisiting the Detention of Suspects.

The recent ruling of the Court of Cassation clarifies the conditions of legitimacy for the repeated detention of suspects within the same criminal proceeding, highlighting the distinction between the risk of flight and the violation of precautionary measures.

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Functional jurisdiction and waiver of perpetuatio iurisdictionis: analysis of ruling no. 44814 of 2024.

The ruling of the Court of Cassation No. 44814 of 2024 addresses the issue of jurisdiction in proceedings concerning magistrates, highlighting the exception to the principle of perpetuatio iurisdictionis and the importance of the emerging situation during the trial.

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Commentary on Judgment No. 45862 of 2024: Inadmissibility and Monetary Penalties

Let’s analyze the recent ruling of the Court of Cassation regarding the inadmissibility of appeals and the quantification of monetary penalties, highlighting the implications for the parties involved and the legal significance of the decision.

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Commentary on Judgment No. 47610 of 2024: Mitigating Circumstances in the Crime of Robbery

Analysis of the recent ruling by the Court of Cassation regarding the application of the mitigating factor for minor severity in the crime of robbery, in light of the ruling of the Constitutional Court no. 86 of 2024.

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Commentary on Judgment No. 45859 of 2024: Substitute Penalties and Evaluation of Criminal Records

Analysis of ruling no. 45859 of October 22, 2024, on the assessment of criminal records in relation to alternative sentences, highlighting the innovations introduced by Legislative Decree 150/2022.

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Analysis of Judgment No. 45857 of 2024: Reform of the Role in Drug Trafficking and Prohibition of Reformatio in Peius.

Let’s explore the ruling of the Court of Cassation no. 45857 of 2024, which clarifies the limits of the referral judgment and the respect for the prohibition of reformatio in peius in cases of disputes related to drug trafficking.

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Judgment No. 44707 of 2024: In-Depth Analysis of Robbery and Foreignness of the Thing.

Let's analyze the recent ruling of the Court of Cassation that clarifies the concept of someone else's property in the context of robbery, highlighting the importance of the factual relationship regarding the taken item.

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The configurability of the crime of fraud according to ruling no. 45599 of 2024

The recent ruling of the Court of Cassation clarifies the configurability of the crime of fraud, highlighting the importance of the causal link between the inducement to error and the economic damage suffered, even in the absence of direct contacts.

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Analysis of Ruling No. 45880 of 2024: Revocation of Conditional Suspension of Sentence

Let's explore the recent ruling of the Court of Cassation that clarifies the admissibility of the appeal in the event of the revocation of the conditional suspension of the sentence, highlighting the legal and practical implications.