Analysis of the Criminal Court of Cassation Judgment: Distinguishing Between Harassment and Acts of Persecution
Introduction The recent judgment by the Criminal Court of Cassation, Section V, issued on May 28, 2024, No. 21006, addressed the distinction between two offenses: stalking (acts of persecution) and harassment. This legal debate focuses on the substantial differences in the consequences of the defendant’s actions, crucial for the qualification of the offense. Objective Elements […]
Law 149/2016: Strengthening Judicial Cooperation in the EU
Introduction With Law No. 149 of 2016, the Italian legislator delegated the government to fully implement the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, signed in Brussels on May 29, 2000. Italy, along with Croatia, Ireland, and Greece, was among the last countries to implement this Convention. […]
Definition of Cybercrime
A cybercrime is a criminal phenomenon characterized by the abuse of information technology, both hardware and software, for the commission of one or more crimes. This article will explore the definition, types, and regulatory evolution of cybercrimes, with particular reference to Law No. 547/1993. Characteristics of Cybercrimes Scope and Types Cybercrimes encompass a wide range […]
Analysis of the Crime of Self-Laundering and Its Legal Complexities
Crime of Self-Laundering The crime of self-laundering, incorporated into the Italian legal system under article 648 ter of the penal code by Law 186/2014, establishes the culpability of actions intended to obstruct the identification of the illicit origin of goods or other utilities. This offense is characterized as being committed exclusively by the perpetrator of […]
Understanding Fugitivity in Italian Criminal Law
Fugitivity represents a specific legal concept within Italian criminal law, associated with situations where an individual voluntarily avoids complying with precautionary measures or incarceration orders. It is crucial that such a condition is declared following rigorous checks to prevent unjust trials and potential convictions. Legal Definition of Fugitivity Criminal Procedure Code According to Article 296 […]
Parity in the “Process”
The principle of parity in criminal proceedings I attended the first trial hearing of the so-called Regeni case and I reflected on the university manuals that taught me how criminal proceedings should be fair and, to be so, the parity of procedural prerogatives between Defense and Prosecution must be guaranteed before a Third and impartial […]
Combatting Cryptocurrency Fraud: A Growing Challenge in the Financial World
The Increasingly Important Role of Cryptocurrencies Cryptocurrencies have taken a central position in the global financial landscape, emerging in 2009 and rapidly gaining popularity. Thanks to their decentralized nature and the promise of an evolved global financial market, cryptocurrencies continue to attract numerous investors. Volatility and Risks in the Cryptocurrency Market Despite their growing popularity, […]
Applicability of Article 131-bis c.p. in the Case of Evasion under Article 385 c.p.
In this legal article, we will examine a recent ruling by the Court of Appeals of Bari that has raised significant questions about the special leniency of the act and its applicability in cases of evasion under Article 385 of the Italian Penal Code. Legal Context The Court of Appeals of Bari overturned a judgment […]
The Calipari Case and International Jurisdiction: Analysis of Judgment No. 31171/2008 of the Court of Cassation
Within the Italian legal framework, the Supreme Court has grappled with the intricate relationship between national criminal law and principles of customary international law on several occasions. In this article, we will delve into the judgment of the Court of Cassation dated June 19, 2008, No. 31171, Section I of the Criminal Division, which has […]
Attempted Robbery Impropriety: Legal Explanation and Interpretations
The issue of attempted robbery impropriety has sparked an interesting legal debate. In this article, we will examine what attempted robbery impropriety means, the different interpretations, and the relevant key points. Definition of Attempted Robbery Impropriety Attempted robbery impropriety occurs when an individual engages in acts clearly aimed at taking someone else’s property but employs […]