Criminal law (Italy)

In Italian law, criminal law is that part of the law that deals with the prerequisites for criminal behavior.

Legal sources

Italian criminal law is codified law in the tradition of the continental legal system . The most important legal source is the codice penale , which is also called codice Rocco after its creator Arturo Rocco .

history

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Before the merger in 1860, the following works were valid in what is now Italy:

In the Grand Duchy of Tuscany :

On November 30, 1786, Grand Duke (Peter) Leopold (I), later Emperor Leopold II, introduced the Codice Leopoldino or Leopoldina . It was the world's first penal code to abolish the death penalty . In 1795 it was by Ferdinand III. modified.
On June 29, 1853, Leopold II issued a new penal code which again contained the death penalty. It was redesigned in 1856. The Provisional Government abolished the death penalty in 1859. It remained in force until 1889 after the establishment of the Kingdom of Italy, as the local rulers refused to reinstate the death penalty.

In the Kingdom of Sardinia (since 1720 with Piedmont, Savoy and until 1859 Nice):

In Sardinia, the medieval civil and criminal code Carta de Logu from 1392 until it was replaced by the collection of the Codice feliciano as the first harmonization in 1827 was in force.

On the mainland, the Constitution of Piedmont from 1723, which was reissued in 1729, was in force.

On October 26, 1839, Karl Albert proclaimed the Albertine Penal Code ( Codice penale albertino ), which came into force on January 15, 1840. This was revised under Victor Emmanuel II , which was announced on November 20, 1859 and came into force on May 1, 1860.

In Lombardy (since 1859 with Sardinia) and Veneto (since 1866 with Italy) (see Kingdom of Lombardy-Venetia ) the Austrian penal code of 1852 was in force.

In the Duchy of Parma with Piacenza , the criminal law of 1820 applied.

In the Duchy of Modena , the penal code of 1855 applied.

In the Papal States , the Gregorian ordinance of 1832 was in force. Most of them joined Italy in 1860, the rest were annexed in 1870.

In the Kingdom of the Two Sicilies , the penal code of 1819 ( Codice borbonico ) applied. The area was united with Italy in 1860.

The Kingdom of Sardinia played a decisive role in the Italian Wars of Unification. Most of the states fell to Sardinia or joined Sardinia and then it became Italy, with the Sardinian ruler as king.

The Sardinian criminal law was gradually extended to almost the entire peninsula, in the north in a version from 1859, in the south in the version from 1861. In the territory of the Kingdom of the Two Sicilies, certain provisions from the 1819 Criminal Code continued to apply. Only Tuscany retained its Criminal Code from 1853 to the Italian Criminal Code of 1889.
On June 30, 1889, the Codice Zanardelli was passed, which came into force on January 1, 1890. It was the first all-Italian penal code.
By decree of December 14, 1919, a royal commission, chaired by E. Ferri, was convened for reform. The result was a draft published in 1921.
On December 4, 1925, the Italian government was empowered to change the penal code. A first draft was published by Rocco in 1927. The Codice Rocco was promulgated by the royal decree of October 19, 1930, published in the Official Gazette on November 26, 1930 and has been in force since July 1, 1931. At the same time, a new code of criminal procedure came into force. With modifications it forms today's penal code, even if after the war it was considered to return to the pre-fascist Codice Zanardelli .

Certain versions of Italian criminal law also apply in Vatican City . With the establishment of the state, the Italian criminal law of 1889 in the version of July 8, 1829 was adopted as a subsidiary . In 1969, the deadline was brought forward to December 31, 1924, with which the death penalty, which was reintroduced in Italy in 1926, was abolished in the Vatican.

Doctrine of criminal liability

The classic doctrine of criminal liability in Italy goes back to Francesco Carrara . To this day, an important part of the Italian criminal law literature follows - if not uncontested - its teoria generale del reato. Carrara assumes two elements ( bipartizione ) that make human behavior punishable: an outer and an inner side. The outer side consists in an act that causes a violation of the law; the inner since has been shaped by four requirements:

cognizione della legge (knowledge of the law)
previsione degli effetti (foresight of the effects)
libertà di eleggere (freedom of choice)
volontà di agire (willful action)

literature

German language representations

Manfred Maiwald: Introduction to Italian criminal law and criminal procedure law . Peter Lang, Frankfurt am Main 2009.
Lukas Staffler: Past intentionality and attribution dogmatics. On the interpretation of bodily harm resulting in death in a legal comparison between Germany and Italy . Duncker & Humblot Publishing House, Berlin 2015, ISBN 978-3-428-14637-6 .

Textbooks

Giovanni Fiandaca, Enzo Musco: Diritto penale. Party generals . Zanichelli, Bologna 1995.
Francesco Antolisei: Manuale di diritto penale. Party generale . Giuffrè, Milan 2003.
Ferrando Mantovani: Diritto Penale . Cedam, Padova 1992, ISBN 88-13-17466-7 .
Giorgio Lattanzi: Codice penale annotato con la giurisprudenza . Milano.

Web links

Legal text of the codice penale
Country report Italy. Max Planck Information System for Comparative Criminal Law

Individual evidence

↑ ^a ^b ^c ^d ^e ^f ^g ^h ⁱ ^j ^k ^l ^m ⁿ ^o ^p Franz von Liszt, Eberhard Schmidt: Textbook of German Criminal Law . Introduction and general part. 26th edition. tape 1 . Walter de Gruyter, Berlin / Leipzig 1932, ISBN 3-11-144360-4 , p. 100–101 ( limited preview in Google Book search).
↑ Art. 4 [old version] Art. 3 Legge sulle fonti del diritto, N.II., June 7, 1929.
↑ Art. 39 Legge che modifica la legislazione penale e la legislazione processuale penale, NL of June 21, 1969.
Art. 4 of the Legge sulle fonti del diritto 1929 was amended.
^ Manfred Maiwald: Introduction to Italian criminal law and criminal procedure law . Peter Lang, Frankfurt am Main 2009, § 6 General Criminal Doctrine.

[Liszt1932-1] ↑ ^a ^b ^c ^d ^e ^f ^g ^h ⁱ ^j ^k ^l ^m ⁿ ^o ^p Franz von Liszt, Eberhard Schmidt: Textbook of German Criminal Law . Introduction and general part. 26th edition. tape 1 . Walter de Gruyter, Berlin / Leipzig 1932, ISBN 3-11-144360-4 , p. 100–101 ( limited preview in Google Book search).

[stgbit-2] Art. 4 [old version] Art. 3 Legge sulle fonti del diritto, N.II., June 7, 1929.

[3] Art. 39 Legge che modifica la legislazione penale e la legislazione processuale penale, NL of June 21, 1969.
Art. 4 of the Legge sulle fonti del diritto 1929 was amended.

[maiwald6-4] Manfred Maiwald: Introduction to Italian criminal law and criminal procedure law . Peter Lang, Frankfurt am Main 2009, § 6 General Criminal Doctrine.