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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
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]
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Article 41-bis was introduced in 1975 (Prison Administration Act, Law no. 354 of 26 July 1975) [5] as an emergency measure to deal with prison unrest and revolts during the Years of Lead (Italian: Anni di piombo), characterized by widespread social conflicts and terrorism acts carried out by extra-parliamentary movements.
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