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The crime of water poisoning in the light of two recent rulings by the Court of Cassation
Published 2019-12-01Get full text
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The Italian Supreme Court of Cassation Denies the Entitlement of Pilots to Salvage Remuneration
Published 2022-12-01“…The article criticises the reasoning of the Supreme Court of Cassation.…”
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Environmental disaster and public safety: the Court of Cassation restricts the scope of the offense
Published 2018-11-01Get full text
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Identification of persons in pre-investigation proceedings and investigation: Current controversies and the case law of the Supreme Court of Cassation
Published 2022-01-01“…The present article analyses the case law of the Supreme Court of Cassation of the Republic of Serbia regarding the identification of persons conducted in pre-investigation proceedings and investigation by the police. …”
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The Court of Cassation expresses once again its opinion on the conspiracy to abusive cross-border traffic of waste
Published 2020-01-01“…The Court of Cassation expresses once again its opinion on the abusive cross-border traffic of wasteand on the relationship between the crime of criminal association and the crime of organized activities for the abusive trafficking of waste, also clarifying some aspects regarding the forfeiture by equivalent of the crime’s profit ex art. 19, co. 2, d.lgs. n. 231/2001.…”
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Interpretation and application of Article 404 of the Criminal Procedure Code of Ukraine on court initiative: case law of the Criminal Court of Cassation
Published 2023-09-01“…This is due to the opposite interpretation of this provision by the courts, including the Criminal Court of Cassation of the Supreme Court. The accuracy of the literal interpretation of this provision has been argued. …”
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On the issue of revising legally enforceable judgments on criminal procedure legislation of the Republic of Kazakhstan
Published 2017-03-01Subjects: Get full text
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Costs of criminal proceedings: Sample of 342 court decisions (300 decisions of the Supreme Court of Cassation, 40 decisions of the Basic Court in Novi Sad and two decisions of Constitutional Court)
Published 2022-01-01Subjects: “…analysis of 300 decisions of the supreme court of cassation on costs of proceedings…”
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Determining the Grounds for Conducting Examination through the Prism of Investigative Practice
Published 2020-12-01Subjects: Get full text
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La Cour de cassation. De l’exigence de préservation patrimoniale à l’expression d’une politique culturelle
Published 2022-08-01Subjects: Get full text
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OBJECT OF CHECKING THE JUDGMENTS AT LAW MADE AT SPECIAL TRIALS, BY THE REVIEWING COURT
Published 2015-12-01Subjects: Get full text
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...// Decision no. 79/2022 of the High Court of Cassation and Justice The panel for resolving some legal issues interpretation or legislation? ...
Published 2023-09-01“…Abstract: By Decision no. 79/2022, the High Court of Cassation and Justice The panel competent for resolving some legal issues, admitted the referral made by the High Court of Cassation and Justice First Civil Section regarding the rendering of a preliminary judgment and, consequently, established that in interpretation of the provisions of art. 497 of the Civil Procedure Code, as amended by Law no. 310/2018 in correlation with the provisions of art. 492 para. (1), art. 498 and of art. 501 para. (3) and (4) of the Code of Civil Procedure, if the appeal is accepted in the second procedural cycle, the appealed decision being overturned, the High Court of Cassation and Justice will retain the case for trial only when it would not be put in a position to proceed to the analysis of the factual situation by requalifying the facts or by completing or re administering the evidence, otherwise the case will be sent for retrial to the court of appeal or, as the case may be, to the first instance.In our opinion, such an interpretation adds to the law, not being covered by the provisions of the Code of Civil Procedure, requiring the intervention of the legislator to clarify the way in which the supreme court will proceed in the second procedural cycle of resolving the appeal.…”
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The Criterion of Significance of Violations of Material and Procedural Law in the Exercise of Cassation Appeal in Civil Proceedings
Published 2017-09-01Subjects: Get full text
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Stalking and compensation for existential damage. Some remarks starting from the sentences of the Court of Cassation (Supreme Court) of November 11, 2008 - Le stalking et l’indemnisation du dommage existentiel....
Published 2009-05-01“…Above all, puts more emphasis on the analysis of compensation for existential damage, which is now accepted to be repayable as a result of the important sentences of the Court of Cassation in 2008, when definite criteria were established. …”
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Reputational scoring and the right to an explanation
Published 2023-12-01“…The contribution will also analyse two hypothetical scenarios: (a) how the Court of Cassation could have decided if, instead of the Italian Privacy Code, the General Data Protection Regulation had been applicable to the Mevaluate case; (b) how the Court of Cassation could have decided if the rules currently being adopted at EU level on Artificial Intelligence had already been in force.…”
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The effect of compelling excuses on the penal procedures
Published 2023-12-01“…These reasons are subject to the supervision of the Federal Court of Cassation within a specific scope and to a known extent. …”
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