Criminal procedure can be described as adversarial in nature. No informal justice system exists. The Italian legal system is based on written laws. Penal Law defines what specific behavior is criminal and what specific minimum and maximum penalties are provided. The basic principles of no penalty without a law (nulla poena sine lege) and no crime without a law (nullum crimen sine lege) are stated in the Penal Code (Art.1) and in the Constitution (Art.25).
The Constitution prescribes the general norms of the legal system. No law can conflict with the Constitution. The Constitutional Court (Corte Costitutionale) is in charge of evaluating the conformity of specific rules of the Penal Law to the Constitution.
Italian Legal History Short Legal History of Italy Italian law is grounded in the civil law, the revived classical Roman law. The civil law, concentrating on private law, owes much of its modern development to other influences, particularly canon and Germanic and feudal law as interpreted and applied in the Middle Ages and Renaissance. It … Read more
Renaissance Scholasticism and Aristotle Scholastic philosophy was the philosophy of the schools, the philosophy which was taught in institutions of higher learning, whether the secular universities or the institutions of religious orders. Further reading Copenhaver, B. and Schmitt, C.B. (1992) Renaissance Philosophy, Oxford and New York: Oxford University Press. Garber, D. and Ayers, M. (1998) … Read more
Introduction to Western European Union Western European Union (WEU), association of European countries focused on defense and security issues. The WEU grew out of the Brussels Treaty, a cooperative agreement made in 1948 between the United Kingdom, France, Belgium, The Netherlands, and […]
Italy in Europe Outline of the Country´s Legal System According to the work "Guide to Foreign and International Citations", by the Journal of International Law and Politics (New York University School of Law): The head of the state is the President of the Republic. The […]
Western Legal Systems in Europe Western Europe Legal Systems Andorra Legal System Austria Legal System Belgium Legal System Denmark Legal System England and Wales Legal System Finland Legal System French Legal System German Legal System Greece Legal System Holy See Legal System Iceland Legal System Ireland Legal System Isle of Man Legal System Italian Legal … Read more
Sentencing in Italy Note: for more related information, see the entry on the Italian Criminal Justice System. PENALTIES AND SENTENCING 1. Sentencing process. *Who determines the sentence? The judge decides the guilt and sentence in all cases. *Is there a special sentencing hearing? There is no special sentencing hearing. Passing sentence and the determination of … Read more
Prison System in Italy Note: for more related information, see the entry on the Italian Criminal Justice System. 1. Description. *Number of prisons and type. As of July 16, 1992, there were 154 district facilities for male prisoners awaiting trial (Case circondariali maschili) and 6 female facilities (Case circondariali femminili). There were 27 penitentiaries for … Read more
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 system together, and to show … Read more
Prescription Charges in Italy Background Italy operates a national health care system which provides universal coverage. Services are funded by national and local taxation as well as patient charges. Services are overseen by the country’s regions, but operated by health authorities below that level. Around 10% of the population are covered by private health insurance … Read more
Notaries in Italy This profession, is distinct from that of avvocato (lawyer) and is regulated by the Royal Decree of 10 September 1941 n. 1326. Professional activities Only Notaries can make public deeds and certify signatures every time that private Law is involved. This is the general rule. There are minor exceptions, concerning public officials … Read more
Lawyers in Italy Legal Professionals Types of Lawyer The law regulating the legal profession is the R.D.L. of 27 November 1933 n· 1578 converted into the Law of 22 January 1934 n· 36 which is known as the Legal Profession Law (in the following called LPF). Numerous amendments introduced later have very much changed the … Read more
Police in Italy Note: for more related information, see the entry on the Italian Criminal Justice System. 1. Administration. There are three main state police corps in Italy: the State Police (Polizia di Stato), the Carabinieri, and the Finance Guard (Guardia di Finanza). The Carabinieri and Finance Guard (employed mainly in the investigation of financial … Read more
Victims in Italy Note: for more related information, see the entry on the Italian Criminal Justice System. 1. Groups most victimized by crime. Information not available. 2. Victims’ assistance agencies. Compensation for up to 100,000 USD is provided through a state fund for victims of organized crime or terrorism. A special compensation fund for victims … Read more
Bolognese Jurisprudence The challenged church answered with Gratian’s Decretum (circ. 1139) and the Decretals of Gregory IX. (1234). The canonist emulated the civilian and for a long while maintained in the field of jurisprudence what seemed to be an equal combat. Unequal it was in truth. The Decretum is sad stuff when set beside the … Read more
Judicial System in Italy Note: for more related information, see the entry on the Italian Criminal Justice System. 1. Administration. Except for the lowest court level (the Pretura) with a single judge (Pretore), courts consist of a judicial panel made up of a number of stipendiary judges (giudici togati). In the Court of Assizes and … Read more
Judicial Process in Italy Note: for more related information, see the entry on the Italian Criminal Justice System. PROSECUTORIAL AND JUDICIAL PROCESS 1. Rights of accused. *Rights of the accused at trial. The Convention for the Safeguard of Human Rights and the annexed Protocol is, for all purposes, part of the Italian Legal System in … Read more
Western Europe Western Europe Legal Systems Andorra Legal System Austria Legal System Belgium Legal System Denmark Legal System England and Wales Legal System Finland Legal System French Legal System German Legal System Greece Legal System Holy See Legal System Iceland Legal System Ireland Legal System Isle of Man Legal System Italian Legal System Liechtenstein Legal … Read more
UN Convention on Contracts for the International Sale of Goods (CISG) in Italy in Europe Note: For information on the Convention on Contracts for the International Sale of Goods in general, see here. United Nations Convention on Contracts for the International Sale of Goods: Related with […]
The Pavian Law-school Italy was to be for a while the focus of the whole world’s legal history. For one thing, the thread of legislation was never quite broken there. Capitularies or statutes which enact territorial law came from Karolingian emperors and from Karolingian kings of Italy,The Pavian law-school. and then from the Ottos and … Read more
Crime in Italy Note: for more related information, see the entry on the Italian Criminal Justice System. 1. Classification of crimes. *Legal classification. All criminal offenses (reati) are divided by the Penal Code (Codice Penale) into two broad categories: delitti, which are serious offenses and contravvenzioni, which are less serious offenses. The two categories (The … Read more
Agostino Depretis in Europe Life and Work Agostino Depretis (1813-1887), Italian statesman, was born at Mezzana Corte, in the province of Stradella on the 31st of January 1813. From early manhood a disciple of Mazzini and affiliated to the Giovane Italia, he took an active part in the […]
Cesare Balbo in Europe Count Cesare Balbo (1789-1853), Italian writer and statesman, was born at Turin on the 21st of November 1789. His father, Prospero Balbo, who belonged to a noble Piedmontese family, held a high position in the Sardinian court, and at the time of Cesare’s birth was […]
Cesare Correnti in Europe Cesare Correnti (1815-1888), Italian revolutionist and politician, was born on the 3rd of January 1815, at Milan, of a poor but noble family. While employed in the public debt administration, he flooded Lombardy with revolutionary pamphlets designed to excite […]
City-States in Europe Historical Introduction City-States in 1500 Before the dawn of the Christian era the Greeks and Romans had entertained a general idea of political organization which would seem strange to most of us at the present time. They believed that every city with its […]
Petrus Baldus de Ubaldis in Europe Life and Work Petrus Baldus de Ubaldis, PETRUS (1327-1406), Italian jurist, a member of the noble family of the Ubaldi (Baldeschi), was born at Perugia in 1327, and studied civil law there under Bartolus, being admitted to the degree of doctor of civil […]
Nicolas Perrenot de Granvella in Europe Nicolas Perrenot de Granvella (1484-1550), jurist, who afterwards became chancellor (and secretary of state) of the empire under Charles V., was practising as a lawyer in Besançon. He was the father of Cardinal Antoine Perrenot de Granvella […]
Marsilius de Padua in Europe Life and Work Marsilius de Padua [Marsiglio Mainardino] (1270-1342), Italian medieval scholar, was born at Padua, and at first studied medicine in his own country. After practising various professions, among others that of a soldier, he went to Paris about 1311. […]
Bulgarus in Europe Bulgarus, an Italian jurist of the 12th century, born at Bologna, sometimes erroneously called Bulgarinus, which was properly the name of a jurist of the 15th century. He was the most celebrated of the famous Four Doctors of the law school of that university, and was […]
Jacobus Balduinus in Europe Jacobus Balduinus, Italian jurist of the 13th century, was by birth a Bolognese, and is reputed to have been of a noble family. He was a pupil of Azo, and the master of Odofredus, of Hostiensis, and of Jacobus de Ravanis, the last of whom has the reputation of […]
Leghorn in Europe Leghorn (Ital. Livorno, Fr. Livourne), a city of Tuscany, Italy, chief town of the province of the same name, which consists of the commune of Leghorn and the islands of Elba and Gorgona. History The earliest mention of Leghorn occurs in a document of 891, relating […]
Consular Legislation in Europe European Union Materials For information about European Union consular legislation, click here. In Austria Read in this legal Encyclopedia for information about consular law in Austria. In Germany Read in this legal Encyclopedia for information about […]
Campania in Europe Capua Capua (mod. S. Maria di Capua Vetere), the chief ancient city of Campania, and one of the most important towns of ancient Italy, situated 16 m. N. of Neapolis, on the N.E. edge of the Campanian plain. History From the gladiatorial schools of Campania came […]
Definition of European Convention On State Immunity In accordance with the work A Dictionary of Law, this is a description of European Convention On State Immunity : An international convention of 1972 setting out when and how member states of the European Community (now the European Union) […]
Bartolus in Europe Bartolus (1314-1357), Italian jurist, professor of the civil law at the university of Perugia, and the most famous master of the dialectical school of jurists, was born in 1314, at Sassoferrato, in the duchy of Urbino, and hence is generally styled Bartolus de […]
Joannes Bassianus in Europe Joannes Bassianus, Italian jurist of the 12th century. Little is known of his origin, but he is said by Corolus de Tocco to have been a native of Cremona. He was a professor in the law school of Bologna, the pupil of Bulgarus (q.v.), and the master of Azo (q.v.). […]
Giacomo Antonelli in Europe Giacomo Antonelli (1806-1876), Italian cardinal, was born at Sonnino on the 2nd of April 1806. He was educated for the priesthood, but, after taking minor orders, gave up the idea of becoming a priest, and chose an administrative career. Created secular prelate, […]
European Convention on Human Rights: the European Commission of Human Rights Introduction to European Commission of Human Rights The commission can only deal with a claim if all domestic remedies have been exhausted, unless a state waives the benefit of this rule. Local remedies do not have to […]
Antonio Gramsci in Europe Introduction to Antonio Gramsci Antonio Gramsci (1891-1937), Italian Communist Party leader and Marxist political theorist. Gramsci grew up in a lower-middle-class family at Ales, on the Italian island of Sardinia. As a boy, Gramsci sometimes dropped out of school to […]
Communist Party of Italy in Europe Gramsci Role in Founding the Communist Party of Italy Introduction to Communist Party of Italy In 1920 workers seized factories throughout Italy, but they were unable to operate the factories because they lacked the financing and skilled management necessary […]
Gramsci Imprisonment in Europe Introduction to Gramsci Imprisonment By 1927 the Fascists had crushed the Communists in Italy, and Gramsci himself was captured and imprisoned. His health declined rapidly while in prison, but Fascist authorities denied him adequate medical care until 1935, when […]
Gramsci Writings and Influence in Europe Introduction to Gramsci Writings and Influence While in jail, Gramsci filled 33 notebooks with wide-ranging essays on Italian history, fascism, the factory councils, Marxist theory, and other subjects. Portions of the notebooks, published in Italy in […]
Introduction to European Diplomats European Diplomats, ambassadors, ministers, and bureaucrats who conduct the foreign policy of European nations. (1) Resources Notes and References Information about European Diplomats in the Encarta Online Encyclopedia Guide to European Diplomats More Topics […]
Communism: Communist Influence in Noncommunist Countries Western Europe Other Western European Parties The strongest Western European parties, other than the Italian and French, have been those of Greece, Finland, Portugal, and Spain. The Greek and Portuguese parties mirrored the intransigence […]
Communism: Communist Influence in Noncommunist Countries Western Europe The communist parties of Western Europe were all established between 1918 and 1923, following the Russian Revolutions. They were responsive to Soviet directives, yet at the same time drew on European socialist roots going […]
Communist Influence in Italy in Europe Communism: Communist Influence in Noncommunist Countries Western Europe Italy The Italian Communist Party was one of the most potent communist parties in Western Europe after World War II. It was established in 1921 by a radical group of the Italian […]
Burgundio in Europe Burgundio, sometimes erroneously styled Burgundius, an Italian jurist of the 12th century. He was a professor at the university of Paris, and assisted at the Lateran Council in 1179, dying at a very advanced age in 1194. He was a distinguished Greek scholar, and is […]
Benelux Court of Justice Court of First Instance of the European Communities Court of Justice of the European Communities European Court of Human Rights European Free Trade Agreement Court Benelux Court of Justice Court Of Justice of the Benelux Economic Union The […]
Italian Bourbons in Europe The Italian house of Bourbon was founded by two sons of Philip V of Spain. In 1734 Carlos de Borbón, later Charles III of Spain, conquered Naples and Sicily and became Charles IV, king of the Two Sicilies. Acceding to the Spanish throne in 1759, Charles made his […]
History of Western European Tribunals Medieval courts were an outgrowth of the tribal courts of the Germanic peoples, among whom the highest judicial authority was that of the popular assemblies that met regularly throughout the year. The tribal judges supervised the proceedings and […]
Principles of European Contract Law (Commision on European Contract Law) 2 25 May 2002 PRINCIPLES OF EUROPEAN CONTRACT LAW TEXT OF ARTICLES IN PART 3, IN ENGLISH CHAPTER 10 Plurality of parties Section 1: Plurality of debtors ARTICLE 10:101: SOLIDARY, SEPARATE AND […]