Constitutional Court: affectivity of the detained person: the absolute prohibition resulting from the mandatory requirement of visual inspection is illegitimate

The Constitutional Court, with sentence no. 10 of 2024, declared the constitutional illegitimacy of the art. 18 of the law on the penitentiary system, in the part in which …

The decision not to proceed according to article 420-quater of the Criminal Procedure Code cannot be appealed to the Supreme Court. until the expiry of the deadline pursuant to article 159 of the Criminal Code

La Seconda Sezione penale della Corte di Cassazione, in tema di impugnazioni, ha affermato che, in applicazione del principio generale di tassatività dei mezzi d’impugnazione ….

Constitutional illegitimacy of the prohibition on the prevalence of the special mitigating circumstance pursuant to article 648-ter.1, 2nd paragraph, Criminal Code

With ruling no. 188/2023, Article 69, paragraph 4, of the Criminal Code was declared unconstitutional insofar as it prohibits the prevalence of the mitigating circumstance referred to in Article 648-ter.1, paragraph 2, of the Criminal Code – in the version introduced by Article 3, paragraph 3, of Law No. 186 of 15 December 2014…

No embezzlement for those carrying out activities without decision-making powers and without margins of discretion

According to the Court of Cassazione, in the case of activities characterized by the lack of decision-making powers or by the absence of any margin of discretion, the configurability of the position of public service representative is excluded (Criminal Supreme Court, sentence no. 1957/2023) …
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