Tommaso Nani

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Tommaso Nani (born August 21, 1757 in Morbegno , † August 19, 1813 in Milan ) was an Italian lecturer and lawyer.

Principi di giurisprudenza criminale , 1812

Live and act

After graduating from the Law Faculty of the University of Pavia in 1781 , he worked as a lawyer in Valtellina for a short time . Finally, thanks in part to his studies in criminal law, he devoted himself to the academic world. With the support of Luigi Cremani, his university lecturer, he published his works De indiciis eorumque usu in cognoscendis criminibus (Pavia 1781) and De indulgentia criminum et praescriptione (Como 1789). Both works criticize in a mild way the traditional conception of the institutes mentioned in the works and show suggestions for improvement, based on logic and referring to the principle of utility and natural law. In De indiciis he discusses the value of the circumstantial evidence in criminal proceedings and the existing connection between circumstantial evidence and direct evidence and declares that he is inclined to assess both equally. In De indulgentia he combines two short treatises that deal with the right to pardon and the statute of limitations, both topics that have been widely debated in the field of criminal investigation. He defends both institutes with the argument that the right to pardon was included in the penal power of the sovereign and must therefore be linked to natural law, while the limitation period is based on the logical criteria of public benefit.

His scientific endeavors focused on the codification of criminal texts and in 1803 he published a commentary on the penal code by Pietro Leopoldo Nuova legislazione criminale da osservarsi nella Toscana… con varie note ed osservazioni e una riedizione annotata del Commentarius di Anton Matthes ai libri terribiles (XLVII e XLVIII) del Digesto . Thanks to his experience in teaching, he revised the lectures given at the University of Pavia and planned a summarizing thesis on criminal law issues. The first and only version, Principi di giurisprudenza criminale , was published in 1812 and addressed the basic knowledge and general institutes of criminal law.

In the course of his career he held various offices: in the academic field, he was chairman of the criminal institutions, was dean of the law faculty (1796–97) and rector for the academic year 1804–1805 and gave the usual speech during the coronation of Napoleone Bonaparte in the Kingdom of Italy . At the institutional level, he became a member of the Seniors' Council of the first Cisalpine Republic as a representative of the Adda and Oglio departments , president of the constituency for the Adda department and employee of the Ministry of Justice under Giuseppe Luosi , who placed him in the commission for the drafting of the penal code and the Code of Criminal Procedure.

In the years that followed, he turned his back on the academic world to concentrate solely on his institutional duties. In 1810 he was accepted into the highest instance of the administrative judiciary of the kingdom in the Council of Uditoren and was thus a member of the Council of State. In 1812 he moved to the Prisenrechtsrat and was made a Knight of the Order of the Iron Crown and on February 8, 1812, a retired member of the Institute for Science, Literature and Art.

He died in Milan on August 19, 1813.

Works

Della azione penale , 1859
  • De indiciis eorumque usu in cognoscendis criminibus . Pavia 1781
  • De indulgentia criminum et praescriptione . Como 1789
  • Nuova legislazione criminale da osservarsi nella Toscana… con varie note ed osservazioni . Milan 1803
  • Commentarius di Anton Matthes ai libri terribiles (XLVII e XLVIII) del Digesto . Pavia 1803
  • Principi di giurisprudenza criminale . Stamperia reale, Milan 1812.
  • Della azione penale . Francesco Colombo libraio editore, Milan 1859.

Manuscripts

  • De dotibus eorumque dissertatio, XVIII secolo, Pavia, Biblioteca Universitaria, Fondo Ticinesi, Ticinesi 715.
  • Elementi di diritto criminale, XIX secolo, Pavia, Biblioteca Universitaria, Fondo Ticinesi, Ticinesi 98.

literature

Web links

Commons : Tommaso Nani  - collection of images, videos and audio files

Individual evidence

  1. ↑ a b c d e f Ettore Dezza:  Tommaso Nani. In: Dizionario Biografico degli Italiani (DBI).
personal data
SURNAME Nani, Tommaso
BRIEF DESCRIPTION Italian lawyer and lecturer
DATE OF BIRTH August 21, 1757
PLACE OF BIRTH Morbegno
DATE OF DEATH August 19, 1813
Place of death Milan