NEWS
Compensation for fatal accident damages
Il Tribunale di Roma con Sentenza n. 1394/2023 pubbl. il 27/01/2023 ha statuito il diritto al risarcimento da parte del nipote ex sorere, maggiorenne, extracomunitario per il decesso dello zio in incidente stradale catastrofale in presenza di solide prove sul rapporto...
Smuggling
The Court of Appeal of Florence with sentence no. 238 of 2023 established that the driver of the truck on which the contraband material was transported, a mere executor of company orders, is not punishable in the absence of proof regarding his awareness of the...
Extraditin in Kazakistan – statute of limitations for the crime
The Court of Appeal of Florence with an order of 23 August 2022 reiterated that by virtue of the 2019 judicial cooperation agreement between Italy and Kazakhstan, the parties must refuse extradition if for the crime, under the law in force in one of the two countries,...
The crime of reduction or maintenance in slavery or servitude
The High (Cassation) Criminal Court has interpreted Article 630 of the Criminal Code (with sentence n. 37638/2014), stating that the said offense takes the form of those activities to which the offended person is forced through violence, threat, deception, abuse of...
Extradition and prison overcrowding
No to extradition if the situation in prisons in the requesting country is contrary to the international standards established in the Torreggiani and others v. Italy sentence rendered by the European Court of Human Rights on 8 January 2013. For the High Criminal Court...
Refusal to recognize foreign arbitration award in case of violation of the right of defense
In the event that the defendant's default has been declared in the absence of notification of the summons, the arbitration award will not be recognized in Italy (C.d.A. Florence, section 1, 30 May 2006)
In how much time, the debt becomes ‘prescribed’?
The "prescribtion" period is set according to the type of credit and in general, except in cases where the law provides otherwise, the credit is prescribed in 10 years (art. 2946 c.c.).