News
Accident at work: a settlement can prove the employer's guilt in civil proceedings
- 19/03/2019
The criminal sentence issued following a plea bargaining may constitute an element of evidence in the civil trial, since the request for the defendant's plea deal could imply an admission of having committed the facts constituting the crime.
It follows that the judge, in order to overcome such probative value, has to provide an appropriate motivation. This principle was stated by the Supreme Court of Cassation that, with the order no. 3643 of 7th February 2019, also established that the sentence of application of a plea bargain "even though it cannot technically be configured as a condemnation sentence, even if it is comparable to these for certain purposes, presupposes an admission of guilt, which exempts the counterpart from the burden of proof”.
NEWS
The Contracting Authority enjoys wide discretion in the evaluation of technical offers
18/04/2024The Council of State, section V, in its judgement of 27 February 2024, no. 1911, rendered on the subject of tenders, reaffirmed that "the evaluation of the tenders and, likewise, the awarding of sc...
- 15/04/2024
The Court of Cassation, in its judgement of 20 March 2024, no. 7329, rendered in banking matters, ruled that "in bank account agreements, the statement of account balance has evidentiary effectiven...
- 14/03/2024
The Court of Cassation, in its Order No. 34889 of 13.12.2023, ruled that banking or financing contracts that refer to a manipulated Euribor rate through a restrictive agreement by credit instituti...
