Italy Tiffany Setters

Legal System  Italian law is based on Roman law mainly its civil law and on the French Napoleonic law. The revised 1990 penal code replaced the old system with a system like the common-law countries. Besides the codes, there are innumerable statutes that integrate the codes and regulate areas of law for which no codes exist, such as public law.  The codes of the Kingdom of Sardinia in civil and penal affairs were extended to the whole of Italy when Italy was unified in the mid-19 th century.  Legal system operates really slowly and it takes years for a case to come to court. The average time is ten years and eight out of ten convictions involving prison terms never take affect.

Judicial System  The Italian judicial system consists of a series of courts and a body of judges.  The judicial system is unified and every court is part of the national network.

Courts  The highest court is the Supreme Court of Appeal, which gives judgments only on points of law.  Local courts, judges, and lawyers abuse the system to use the law to their own advantage.  Criminal courts process involves judges, tribunals, and assize courts which includes juries made of lawyers.  Civil courts is used in disputes between private bodies and private and public administrations.  Administrative courts have two functions: the protection of legitimate interests the protection of individual interests directly connected with public interests, and the supervision and control of public funds.

Arrest  If you are arrested in Italy, you have no right to see a lawyer before a hearing before a judge.  You have the right to silence and need only state your name, date and place of birth, and if you’ve been to Italy before.  You can be held for a max of three days before a hearing and you must be represented by a lawyer.  You’re usually permitted to go free provided you’re deemed unlikely to flee, be a danger to society, or destroy evidence. In serious cases, it can be difficult to obtain bail and you can be held for up to three years without trial.

Laws  There are thousands of laws, most of which are ignored, and newcomers must learn where to draw the line between laws that are enforced and those that aren’t or are only weakly enforced.

Laws  Murder: By Italian law, murder is regulated by articles , , and 589 of the Penal Code. It states, “Whoever causes death of a human being is punishable by no less than 21 years in prison.” The law indicates a series of circumstances under which murder has to be punished with life in prison.  Rape: Italy is in the process of passing a new rape penalty law. The Italian decree, introduces mandatory life sentences for people convicted of gang-rape, sexual assault, resulting in murder and violent sexual abuse of children.

Death Penalty  Italy made a decision to completely abolish capital punishment.  There has not been an execution by a member of the Council of Europe in over 10 years.  41 out of the 47 members of the Council of Europe have ratified Protocol No. 3 to the Convention for the Protection of Human Rights and Fundamental Freedoms, which outlaws the use of the death penalty.  41 European nations recognize that the death penalty is a violation of human rights.

Law Enforcement  Carabinieri- Special branch of army that deal with national and serious crime.  Polizia di Stato or Polizia Statale: national or state police force. Responsible for main roads, rail system, and airports.  Vigili Urbani: Local police who deal mainly with local traffic control.  Guardia di Finanza: responsible for regulating national and international financial dealings and combating fraud, conterfeiting and tax evasion.

Uncommon Laws  A man can be arrested for wearing a skirt in public.  In Turin, dog owners must walk their pets 3 times a day or risk being fined.  In Milan, law requires locals to constantly smile or risk being fined  In Rome, groups of 3 people or more aren’t allowed to sing, drink, dance, or eat in the streets.

Works Cited  "Introduction: Italian Legal System." Guide to Italian Legal Research and Resources on the Web. N.p., Web. 25 Mar  "Italy." – WashLaw Web. N.p., n.d. Web. 25 Mar  "Italians Fight U.S. Use of Death Penalty." Italians Fight U.S. Use of Death Penalty. N.p., n.d. Web. 25 Mar