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.

Bianucci Law Firm
The waiver of complaint and the extinction of the offense: commentary on judgment no. 28519/2024

The recent ruling of the Court of Cassation clarifies how the withdrawal of a complaint can extinguish a crime even in the case of a referral, highlighting the importance of this institution in Italian criminal law.

Bianucci Law Firm
Sexual Violence and Dissent: Commentary on Judgment No. 29356 of 2024.

The ruling reaffirms the importance of explicit consent in sexual violence, clarifying that initial dissent cannot be overridden by subsequent opposing behaviors.

Bianucci Law Firm
Crime of improper set-off: analysis of ruling no. 30092 of 2024.

The ruling no. 30092 of 2024 by the Court of Cassation clarifies the criteria for the offense of improper offsetting, establishing the threshold for punishability and the calculation methods.

Bianucci Law Firm
Analysis of Sentence No. 29366 of 2024: Obligation to Articulate Reasons in Review

The ruling of the Court of Naples clarifies the obligation for the party requesting the review to articulate specific reasons, with important consequences in the event of an appeal to the Court of Cassation.

Bianucci Law Firm
Commentary on Judgment No. 29083 of 14/05/2024: The Issue of Non-Punishability

The recent ruling of the Court of Cassation provides significant insights into the issue of non-punishability and prescription, clarifying the rights of the parties involved in the criminal proceedings.

Bianucci Law Firm
Commentary on ruling no. 29723 of 2024: the prohibition of the prevalence of generic mitigating factors over repeated recidivism.

Analysis of ruling no. 29723 of 2024 concerning the prohibition of the prevalence of generic mitigating circumstances over repeated recidivism, highlighting the constitutional implications and the balancing of penal provisions.

Bianucci Law Firm
Effects of the declaration of territorial incompetence: commentary on ruling no. 30666 of 2024.

Analysis of ruling no. 30666 of 2024, which clarifies the effects of the declaration of lack of jurisdiction for territory in the context of real precautionary appeals, with particular reference to the position of co-defendants.

Bianucci Law Firm
Judgment No. 29371 of 2024: The Admissibility of Rescission of the Res Judicata and the Role of Communication.

Let us analyze the recent ruling no. 29371 of 2024, which clarifies the conditions for the admissibility of the annulment of a judgment in the case of failure to communicate the postponement of a hearing, providing insights into the Italian criminal procedure.

Bianucci Law Firm
Ruling No. 30653 of 2024: The New Configuration of the Crime of Alienation of Archaeological Assets.

Let’s analyze ruling no. 30653 of 2024, which clarifies the requirements for the alienation of archaeological goods, eliminating the need for administrative measures to ascertain cultural interest.

Bianucci Law Firm
Commentary on Judgment No. 30655 of 2024 on Child Pornography

Analysis of ruling no. 30655 of 2024 that clarifies the configurability of the crime of child pornography, highlighting the protection of the minor's dignity and the importance of the production of child pornography material.