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 parentale ed affettivo continuativo anche in assenza di convivenza.
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 illegality of the cargo transported.
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 statute of limitations has expired.
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 authority, or through taking advantage of a situation of physical minority or psychic or by taking advantage of the victim’s state of need..
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 (Cassation), sixth section, which was pronounced with sentence n. 13823/15 filed on 31 March (13823), before giving the go-ahead for extradition, the national authorities are required to take prison overcrowding into consideration, verifying whether it translates into inhuman and degrading treatment, thus in contrast with the rights fundamentals of the person.
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)
