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Updates from the firm, legal analyses, press and media appearances, in-depth articles on criminal, civil and international law.

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The crime of stalking

Stalking: it is not the intent that matters, but the effect on the victim

A case handled personally by the Firm: the Court of Cassation clarifies that, for the purposes of Article 612-bis of the Criminal Code, the offender's stated intent is irrelevant — what matters is the victim's persistent state of anxiety and the alteration of their daily habits. Not even a "work-related purpose" can justify invasive and obsessive conduct.

Defamation in group chats

Defamation in group chats: when does the offence actually arise?

Accusing someone of acting in bad faith within a group conversation does not automatically amount to defamation. With Legislative Decree 7/2016, insult was decriminalised, but it remains a civil tort. An analysis of the limits to the right of criticism according to the Court of Cassation's approach.

Defamation on social networks

Aggravated defamation in disputes related to social network use

Insulting a person on Facebook, Instagram or WhatsApp may amount to aggravated defamation under Article 595, paragraph 3 of the Criminal Code. Deleting the content does not extinguish the offence: publication is completed at the moment of upload. Even indirect identifiability of the victim is sufficient.

Radio Canale Italia

Interview on EU law and forensic practice on Radio Canale Italia – "Story Time" programme

Appearance on Radio Canale Italia's "Story Time" programme, dedicated to in-depth discussions on EU law and forensic practice — with reflections on professional mobility between Italy and Spain and the peculiarities of operating under two legal systems.

Lecturer in Law

Lecturer in Law and Public Finance

Teaching activity in Law and Public Finance at a higher economic institute, aimed at training students and providing concrete tools of legal and economic culture.

Madrid – Illustre Colegio de Abogados

Admission to the Illustre Colegio de Abogados de Madrid

Admission as Abogado at the Colegio de Abogados de Madrid, No. 143734, opening the way to direct forensic practice within the Spanish legal system.

Revenge porn and protection of minors

Revenge porn, social media and minors: why the media-coined name is misleading and what parents really risk

"Revenge porn" does not exist as an offence in itself: the relevant provision is Article 612-ter of the Criminal Code on the unlawful dissemination of sexually explicit images. An analysis of the risks to minors, sexting, culpa in educando (Article 2048 of the Civil Code) and parental liability concerning the devices registered in their name.

Non-payment of maintenance

Does non-payment of maintenance amount to a criminal matter?

Civil and criminal tools available to the creditor: attachment, direct payment by third parties (Article 473-bis.37 of the Code of Civil Procedure), conservative seizure, judicial mortgage, and criminal liability under Article 570-bis of the Criminal Code. The Court of Cassation assesses the debtor's actual ability to pay.

Legal aid

Legal aid without income limits: for which offences?

Article 76, paragraph 4-ter of Presidential Decree 115/2002 allows admission to state-funded legal aid without income limits for victims of abuse, sexual offences and stalking (Article 612-bis of the Criminal Code). The judge grants admission automatically, with no need for income documentation.

Release of the family home

Revocation of the assignment of the family home: how to obtain release of the property

A case handled by the Firm: the divorce judgment is immediately enforceable under Article 282 of the Code of Civil Procedure, and revocation of the assignment automatically entails the duty to release the property. Writ of execution under Article 605 of the Code of Civil Procedure, eviction notice and enforced eviction by the court bailiff.

Driving under the influence and community service

Driving under the influence: how to navigate and limit the consequences?

A real-life case: substitution of the sentence with community service under Article 186, paragraph 9-bis of the Highway Code, extinction of the offence, reduction of the driving licence suspension. An analysis of the suspension period already served and the limits to compensation.

Inheritance rights of the former spouse

Inheritance rights of the separated former spouse: what you need to know

A separated spouse without fault retains inheritance rights: only divorce removes the status of heir. An analysis of the options for structured protection after divorce: wills, gifts, transfer of shares within separation agreements.

Refusal of the breathalyser test

Can you refuse a breathalyser test? And what are the consequences?

Refusal of the breathalyser is treated as equivalent to a blood alcohol level above 1.5 g/l, with imprisonment of up to one year, suspension or revocation of the driving licence and accessory penalties. The same rules apply under Article 187 of the Highway Code (narcotic substances). The importance of 24/7 legal assistance.

Vehicle seizure

Seizure and confiscation of the vehicle for drink-driving: how to limit the consequences

A real-life case with a blood alcohol level above 1.5 g/l: not all scenarios have been decriminalised, the difference between administrative offence and criminal offence, the administrative nature of confiscation but its dependence on the criminal outcome, custody of the vehicle to reduce storage costs.

Maintenance of the adult child

Must you support an adult child who neither studies nor works?

The duty to provide maintenance is not unlimited: the Court of Cassation allows revocation when the "chronically out-of-course student" fails to demonstrate concrete commitment. The Lazio Regional Administrative Court recognises the parent's right to access university records under Article 30 of the Italian Constitution.

Divorce allowance and the burden of proof

The divorce allowance: does the burden of proof lie with the economically weaker spouse?

A case handled by the Firm: after twenty years of separation without maintenance, recognition of the divorce allowance for F. Maintenance and the divorce allowance are different in nature — the latter is independent of the separation phase. The relevance of the economic disparity and the duration of the marriage.

Defence for non-payment of maintenance in economic hardship

Non-payment of maintenance in genuine economic hardship: what defence is available?

Case AL.: separated father, job loss, convicted at first and second instance. The Court of Cassation upheld the appeal: the judge must assess in a reasoned manner the defendant's actual financial capacity, especially when the suspended sentence is conditional on the payment of sums.

Attachment of one-fifth of salary

Does an existing one-fifth salary attachment prevent further attachments?

Salary assignment of one-fifth does not "shield" the employee from further enforcement actions: the overall limit on deductions is 50% of the net salary. Different rules apply to ordinary, maintenance and tax debts, with the possibility of cumulation within the limits set by law.

Personal use or dealing

Possession of narcotics for personal use or for dealing? The evidentiary boundary

There are no automatic rules: Ministerial Decree of 11 April 2006 sets indicative thresholds (750 mg cocaine, 250 mg heroin, 500 mg THC) but they are not binding. The Court of Cassation requires the judge to assess the overall context — packaging, doses, paraphernalia, personal circumstances — in order to distinguish personal use from dealing.

IMU on the family home after divorce

IMU on the family home after divorce: who pays?

Treatment as the principal residence requires assignment to the parent with custody of minor children (or adult children with serious disabilities). For self-sufficient adult children or students, IMU follows ownership. Interpretative guidelines from the IFEL Foundation and practical consequences.

Bullying and cyberbullying

Bullying and cyberbullying: what to do and which legal tools to activate

The role of the school head, reporting to the Juvenile Court, rehabilitation measures, the Police Commissioner's warning for minors over fourteen. The Council of State: a mere suspicion is not enough to justify the measure.

Failure to comply with visitation schedule

A parent fails to comply with the visitation schedule for a minor child: what can be done?

A case handled by the Firm: the right of visitation is a faculty, not an obligation that can be enforced. Article 709-ter of the Code of Civil Procedure allows measures with a punitive function too (Court of Cassation). In this specific case, an increase in the maintenance allowance for the custodial parent.

Community service after conversion of the sentence

Community service after conversion of the sentence: the Court of Cassation opens up access

Case M.: criminal decree of conviction for drink-driving, custodial sentence already converted into a fine. The Court of Cassation clarifies that the first conversion does not preclude substitution with community service under Article 186, paragraph 9-bis of the Highway Code, with possible extinction of the offence.

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