Corte Suprema di Cassazione

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The Roman Palace of Justice, located on the banks of the Tiber, not far from Castel Sant'Angelo

The Corte Suprema di Cassazione ( German " Supreme Court of Cassation ") is the highest court of ordinary jurisdiction in Italy . It is located in the Palazzo di Giustizia in Rome .

Jurisdiction

The court of cassation examines judgments of the lower instances , usually the appellate courts , for legal errors. If the latter are available, the corresponding judgments are “ cashed in ” and referred back to the competent courts for renegotiation. In the same way, the court of cassation can also review judgments of the finance courts and the military courts . In cases of doubt, it also decides on the legal recourse to ordinary and special courts.

The Court of Cassation should ensure legal unity through its case law. Lower instances are bound by the legal opinion of the court of cassation. The review of judgments by the Court of Cassation is constitutionally secured by Article 111 of the Italian Constitution .

organization

The Court of Cassation is in many Chamber organized the "sections" are mentioned. There are five sections for civil matters , one for labor law (part of the ordinary jurisdiction in Italy) and one for tax law (special jurisdiction). There are seven penal sections for criminal matters . In special cases, the sections come together under the name “United Sections” ( Sezioni Unite ).

At the Court of Cassation there is the “General Prosecutor of the Republic at the Court of Cassation” ( Procura Generale della Repubblica presso la Corte di Cassazione ) headed by a Procurator General . The National Anti-Mafia Public Prosecutor's Office ( Direzione Nazionale Antimafia - DNA ) is affiliated to this General Prosecutor's Office . There is also a Military Prosecutor General at the Court of Cassation. Lawyers need a special license to work at the Court of Cassation.

Organizationally, the Court of Cassation is part of the Italian Ministry of Justice . Judges and prosecutors are independent in the exercise of their office. Its self-governing body is the Consiglio Superiore della Magistratura .

history

The history of this court can be traced back to the French Revolution , with which the cassation in today's sense originated, as well as to some of the highest courts of the ancient Italian states. In the course of the unification of Italy in 1865, the courts of cassation in Turin , Florence , Naples and Palermo were officially incorporated into the Italian judiciary. They were the highest ordinary courts in their respective judicial districts . In 1875 the Court of Cassation was also established in Rome. Its two criminal senates (sections) had national competence in certain areas. In 1888 two more were added to these two senates and the criminal senates of the four regional courts were dissolved. Furthermore, in civil matters only Rome had a united senate . The four regional courts of cassation in Turin, Florence, Naples and Palermo were completely abolished in 1923.

See also

Web links

Remarks

  1. ↑ In general Italian usage, the court is briefly referred to as Corte di Cassazione , i.e. court of cassation or court of cassation. This short name can even be seen on the Palace of Justice in Rome.
  2. ↑ The special courts include the regional administrative courts and the Council of State ( Consiglio di Stato ) as the highest instance of administrative jurisdiction. For the constitutional jurisdiction is Italian Constitutional Court ( Corte Costituzionale ) responsible.
  3. ↑ In Germany referred to as the Senate .
  4. ↑ The Court of Cassation in Turin was called the " Senate " from 1529 to 1848 . In 1848 a parliamentary chamber in the Kingdom of Sardinia-Piedmont was given this designation. From this parliamentary chamber, today's Italian Senate emerged in 1861 and then in 1948 . The former court in Turin was renamed in 1848 and has no relation to today's Italian parliament.