After doing some internet research on the italian justice system, i learned that the first criminal code in the italian republic was established by the fascist government in 1930 and was kept. Criminal courts in italy the criminal legal process involves judges, tribunals and assize courts ( corte d'assise), which include juries ( giudici popolari), unlike other courts which are composed entirely of lawyers once a trial has been concluded and judgement passed, a party found guilty can appeal the decision to an appeal court. The proceedings were so distinct from the american justice system, and so confounding to some it's a strange case to american ears, said alan m dershowitz , a prominent criminal defense attorney and harvard university law professor. The italian code of criminal procedure contains the rules governing criminal procedure in every court in italy the italian legal order adopted four codes since the italian unification after the first two codes, in 1865 and 1913, the fascist government established in 1930 a new code adopting an inquisitorial system.
Italy is not alone when it comes to corruption and inadequacies in their justice system this is a world wide problem when individuals within the various systems of law are corrupt, injustices often occur this is exactly what happened in the case of amanda knox and raffaele sollecito. The italian criminal justice system is much different than the united states system you will see the many differences between the courts, legal systems, and the differences of level and natures of crimes between italy, austria and the united states. In italy's inquisitorial system, detailed appellate reviews must be viewed as part of the plurality of voices the italian justice system deems necessary to provide fairness and determine the. The italian criminal procedure code of 1989 reformed italy's crimi- nal procedure system from an inquisitorial model into a hybrid jd candidate 2012, boston university school of law.
Italian criminal justice system this entry gives a general account of the overall criminal system and outline the political and legal structure and the history of the italian criminal justice system to help account for the unique aspects that may help to bind the many parts of this criminal justice. The italian judicial system is based on the civil law the function of a judge, as well as of that of a public prosecutor, is exercised by members of the judiciary the administrative function is carried out by the ministry of justice. The italian criminal justice system is sometimes branded as semi-adversarial, but its legal culture and the italian law in action in fact demonstrate an inquisitorial approach to fact-finding italian criminal procedure is a difficult concept to grasp for lawyers and citizens in other countries, who are used to adversarial systems. the italian criminal justice system table of contents abstract when someone thinks about italy, especially americans, most people think fondly of the country there is a romantic, almost whimsical conception of the country, with all of its beautiful art, incredible food, quaint piazzas, and roman grandeur (mirabella, 2012. Amanda knox case is typical of italy's inconclusive justice tobias jones knox's case highlights one of the many failings of the italian court system - it never delivers door-slamming certainty.
Comparative law and justice/italy from wikiversity the italian criminal law system is a mix of the inquisitorial and adversarial systems the adversarial part of. Amanda knox's case demonstrates how the system is able to react to any errors, paola severino, a lawyer and a professor of criminal law at rome's luiss university, told time in 2011. An italian criminal case (the murder of meredith kercher) has once more attracted attention over the shape of the italian criminal justice system. The 1930 italian penal code, currently in force, is commonly referred to as the rocco code (named for the minister of justice under mussolini when the code was enacted) and was introduced under fascism.
By stephanie m hunziker, phd, criminal justice faculty at american military university are you perplexed by the trials, appeals, acquittal, and, most recently, second acquittal of american amanda knox in the italian criminal justice system. The italian criminal law recognizes the right to free language assistance to foreign defendants or suspects in order to communicate with their defence attorney before being questioned, or for submit a request or a statement of defence during criminal procedure. The basic statute in the field of substantive criminal law is the criminal code of 19 october 1930 (codice rocco) at the time it was passed, it contained all the characteristics of the criminal law philosophy of the time.
In the us, at the federal level, criminal cases and civil cases are not heard by separate courts (at the state level, however, many states do have separate court systems for these two types of cases. The legal system encompasses a series of courts (tribunali) as well as a body of judges there are separate civil courts, criminal courts and administrative courts all across the country the whole structure is integrated with each court being a part of the national network and all judges being civil servants. Note: there exist significant problems with applying non-italian terminology and concepts related to law and justice to the italian justice system for that reason, some of the words used in the rest of the article shall be defined.
The criminal justice system in italy underwent a major reform in 1988 known as the 'fair trial' and the old inquisitorial model, in which it was the task of investigating judges to collect all the. The italian criminal justice system the roots of the italian penal code can be traced back to roman and middle age canonic law, with its general principles deriving from the french enlightenment (marooning & bidder, 1997. This article provides an overview of juvenile justice in italy it begins by charting the birth and evolution of the italian juvenile justice system, from the establishment of juvenile courts in 1934 to the expansion of the administrative sector after 1956.