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The Italian Code of Criminal Procedure contains the rules governing criminal procedure in every court in Italy. The Italian legal order adopted four codes since the Italian Unification. After the first two codes, in 1865 and 1913, the Fascist Government established in 1930 a new code adopting an inquisitorial system.
There used to be only five codes of Italian law: the civil code, the code of civil procedure, the penal code, the code of criminal procedure, and the navigation code. [1] Starting from the eighties, more specific subjects were needed and specific codes were created to better codify the law.
In Italian law, the main regulatory body for criminal law is the Italian penal code, which is one of the sources of Italian criminal law together with the Constitution and special laws. [25] The Italian penal code was approved with Royal decree no. 1,398 of 19 October 1930, entered into force on 1 July 1931 [ 26 ] and has been amended several ...
The Italian Penal Code of 1889, commonly known as the Zanardelli Code (Italian: Codice Zanardelli), was the penal code in effect in the Kingdom of Italy from 1890 to 1930, and it is still in effect in Vatican City. The Zanardelli code gets its name from Giuseppe Zanardelli, then Minister of Justice, who lobbied for the code's approval. [1]
The Penal Code's evolution is particularly noteworthy. The first comprehensive Italian Penal Code, known as the "Zanardelli Code" named after former ministry Giuseppe Zanardelli, was enacted in 1889, featuring liberal principles including the abolition of the death penalty.
In 2002, the measure became a permanent fixture in the penal code. Amnesty International has expressed concern that the 41 bis regime could in some circumstances amount to "cruel, inhumane or degrading treatment" for prisoners. [8] [9] Luigi Manconi, senator and president of the Human Rights Commission, criticised the regime in 2015. [10]
Penal damages are liquidated damages which exceed reasonable compensatory damages, making them invalid under common law.While liquidated damage clauses set a pre-agreed value on the expected loss to one party if the other party were to breach the contract, penal damages go further and seek to penalise the breaching party beyond the reasonable losses from the breach. [1]
The French penal code, as a rule, requires a person to have acted with mens rea, for an act to be punishable. [47] Comparably, the Italian Penal Code , enacted on October 19, 1930, specifies in Article 42 that a person can only be punished for a crime if it was committed with intent. However, Article 43 provides exceptions for crimes arising ...