Criminal Defense in China: Challenges and Opportunities for Italian Citizens
Criminal defense in China is a critical concern for Italian and foreign citizens facing legal issues in a system vastly different from European frameworks. The complexity of Chinese laws, combined with the rigidity of its criminal procedures, makes it essential to have legal assistance from professionals specialized in international law with direct experience in China. […]
Jurisprudence on Large Quantities of Narcotics: A Detailed Analysis
The General Regulatory Framework of Article 80 TU 309/90 Article 80, paragraph 2, of the Consolidated Law on Narcotic Drugs (DPR 309/1990) increases penalties for those involved in crimes related to large quantities of narcotic or psychotropic substances. Specifically, penalties are increased by half to two-thirds when significant quantities are involved, and can reach 30 […]
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 […]