Legal Distinction between Stalking and Harassment: Analysis of the Cassation Court Ruling No. 21006 of May 28, 2024
The recent ruling No. 21006 issued on May 28, 2024, by Section V of the Cassation Court provides a clear distinction between the legal frameworks of stalking and harassment, establishing defined criteria for their legal characterization. This judgment enriches the body of case law on the topic, responding to interpretative needs arising from both practice […]
Admissibility of Video Recordings in Public Places: Cassation Criminal Section IV, Judgment No. 21557 of May 30, 2024
The recent judgment by the Court of Cassation, Section IV, on May 30, 2024, No. 21557, addresses the issue of the admissibility of video recordings made by law enforcement in public or publicly accessible places. This decision is a significant reference point regarding the regulation of atypical evidence and its compliance with national and European […]
Appellate Judgments: The Need for Strengthened Motivation to Overturn Acquittals
What is Strengthened Motivation in Appeals? When an appellate judgment seeks to overturn an acquittal, a strengthened motivation is required. This means that the Court of Appeal must provide a detailed explanation of the reasons why a piece of evidence acquires a completely different demonstrative value compared to the evaluation by the first-instance judge. The […]
Criminal Cassation: Effects of Non-Compliance with the Mayor’s Order to Remove Abandoned Waste
Introduction On January 19, 2024, the Criminal Cassation Court, Section III, issued judgment no. 9461, addressing the consequences of non-compliance with the mayor’s order to remove abandoned waste. This article analyzes the details of the judgment and its implications for those responsible for waste abandonment and the recipients of the mayoral removal orders. Obligations for […]
The Crime of Receiving Stolen Goods and the Role of the Criminal Lawyer: A Landmark Ruling by the Court of Milan
The Ruling by the Court of Milan On May 3, 2024, the Court of Milan, Preliminary Investigations Judge’s Office, issued an order clarifying the configurability of the crime of receiving stolen goods in the context of criminal lawyers’ professional activities. The decision established that the crime of receiving stolen goods can be attributed to a […]
Model 231: A Comprehensive Guide for Businesses
Introduction to Model 231 Legislative Decree 231 of June 8, 2001, also known as Model 231, represents a milestone in Italian legislation. For the first time, it introduces criminal liability for certain crimes committed by legal entities or by individuals with a direct relationship with a collective entity. The goal is to ensure that such […]
Origins of Law 547/1993
Law No. 547 of 1993 represents a turning point in the regulation and punishment of cybercrimes in Italy. Before this law, the legislator had adopted a fragmented and case-by-case approach, introducing laws that, starting from the late 1970s, dealt with the issue of electronic devices without providing a comprehensive and adequate regulation for a range […]
Overview of Cyber Crimes in the Corporate Environment
Introduction to Cyber Crimes in Businesses In today’s digital era, every company is equipped with numerous computers, often accessible from outside, creating open networks. This widespread presence of computers means that, in theory, a cyber crime can be committed in any company. External accessibility increases the likelihood of attacks by individuals who are not part […]
Analysis of Cybercrime: Fundamental Concepts and Classifications
The concept of cybercrime encompasses a variety of illicit acts that exploit computer technology, both hardware and software. These crimes can have different purposes, from commercial exploitation to targeting the national security systems of a country. Despite the first relevant law in Italy, Law No. 547/1993, being over two decades old, many of its provisions […]
Transfer of Criminal Proceedings: Analysis and In-depth Review
Law No. 149 of 2016 delegated to the Government the implementation of the Convention on Judicial Assistance in Criminal Matters among the Member States of the European Union, aiming to strengthen international judicial cooperation. Implications and Objectives of Law 149/2016 The legislation introduced Title IV bis of the Code of Criminal Procedure, establishing rules for […]