Relevant bibliographies by topics / Criminal law Italy History

Academic literature on the topic 'Criminal law Italy History'

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Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Criminal law Italy History"

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J. B. Bosworth, R. "Paul Garfinkel, Criminal Law in Liberal and Fascist Italy." European History Quarterly 47, no. 4 (September 25, 2017): 741–43. http://dx.doi.org/10.1177/0265691417729639s.

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Messenger, David A. "Paul Garfinkel. Criminal Law in Liberal and Fascist Italy." American Historical Review 123, no. 5 (December 1, 2018): 1759–60. http://dx.doi.org/10.1093/ahr/rhy292.

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Carraway, Joanna. "Contumacy, Defense Strategy, and Criminal Law in Late Medieval Italy." Law and History Review 29, no. 1 (February 2011): 99–132. http://dx.doi.org/10.1017/s0738248010001239.

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It is easy to imagine that on this early morning in 1395, Antonius, realizing the magnitude of his actions, had little time to fabricate a defense or construct a plan. In late fourteenth-century Reggio Emilia, flight was often the most desirable path open to those suspected of perpetrating felonies. Subsequent witnesses in this murder investigation speculated that Antonius fled the territory of the Villa de Vetto before the first light of day less to evade the law than to avoid the wrath of Caterina's relatives. Propelled by the need to escape retribution, Antonius, like almost half the defendants cited by the criminal court of Reggio Emilia, fled rather than appear before the criminal judge.
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Arnao, Giancarlo. "Italian Referendum Deletes Criminal Sanctions for Drug Users." Journal of Drug Issues 24, no. 3 (July 1994): 483–87. http://dx.doi.org/10.1177/002204269402400308.

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A referendum about drug policy was held in Italy on 18 April 1993. In order to understand the terms of the drug policy, we will summarize the history of the Italian drug law (162/90) through the last five years.
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Brasington, Bruce. "Confession and criminal justice in late medieval Italy: Siena, 1260–1330." Comparative Legal History 10, no. 2 (July 3, 2022): 213–17. http://dx.doi.org/10.1080/2049677x.2022.2131532.

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Gianfreda, Anna. "Religious Offences in Italy: Recent Laws Concerning Blasphemy and Sport." Ecclesiastical Law Journal 13, no. 2 (April 26, 2011): 182–97. http://dx.doi.org/10.1017/s0956618x11000056.

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Religious offences in Italy, as in many European countries, have a long and complex history that is intertwined with the events in the history of the relationship between church and state and the institutional and constitutional framework of a nation.This article is divided into three parts. The first part aims to offer some historical remarks concerning the rules on the contempt of religion and blasphemy in Italian criminal law from the end of the 19th century to the present day. The second part focuses on changes to the law on vilification introduced in 2006 and the third part deals with the recent developments in blasphemy law in the context of sport.The article shows that, on the one hand, reforms of the offences grouped under vilification of religion are anachronistic and do not stand up against the religious freedom of individuals, yet on the other, despite the traditional rules for the protection of religion being considered obsolete, they are applied in new areas of law, for example sport, and are used to curb bad manners and bad behaviour. The relationship between the new functions of these criminal rules and the traditional ones, however, remains uncertain and fluctuating, and reveals a moralistic approach to religious offences.
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Garfinkel, Paul. "A Wide, Invisible Net: Administrative Deportation in Italy, 1863–1871." European History Quarterly 48, no. 1 (January 2018): 5–33. http://dx.doi.org/10.1177/0265691417741854.

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This article examines the legal history of domicilio coatto (forced residence), a system of summary police-administered deportation instituted by Italy’s Liberal government soon after national unification in 1861. Introduced in an emergency law in 1863, its limited purpose was to suppress a public-order crisis in the south. Within just eight years, however, forced residence had become a regular institution of Italian criminal justice. Not only did it remain as such until Mussolini’s seizure of power in 1922, but it also provided an important blueprint for confino di polizia, the Fascist variant of forced residence implemented in 1926. Focusing on the complex circumstances in which domicilio coatto emerged, the causes of its rapid transformation into a routine weapon of preventative policing, and the legal ideologies of its proponents, this article aims to explain why Italian legal experts crafted the highly repressive instrument and championed it as an essential, if not desirable, institution of ‘liberal’ criminal justice in the young constitutional monarchy. It argues that domicilio coatto was devised to be not simply an expedient for punishing political opponents, as scholars have long emphasized, but a regular instrument for thwarting what jurists and lawmakers considered to be the principal long-term threat to cementing Liberal rule: common crime. Such an interpretation sheds new light on the origins, objectives and historical significance of forced residence in Liberal Italy; at the same time, it offers a critical complement to the existing scholarship that has focused almost exclusively on the political uses of domicilio coatto.
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Fraher, Richard M. "Conviction According to Conscience: The Medieval Jurists' Debate Concerning Judicial Discretion and the Law of Proof." Law and History Review 7, no. 1 (1989): 23–88. http://dx.doi.org/10.2307/743777.

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One bright, sunny day in northern Italy, let us say in Bologna in the year 1275, a group of law students might have sat and listened to this case. A man named Seius slipped into a shed owned by his sworn enemy, Titius. A priest, a wealthy merchant, and a physician, all of them unimpeachable witnesses, saw Seius enter the shed with his sword drawn. A moment later they heard a man cry out. Then they clearly saw Seius, shaken and pallid, emerge through the doorway, bloody sword in hand. When Seius noticed the witnesses coming toward him, he fled. The witnesses found Titius in the shed, unconscious, dying from a sword wound. Upon investigation, the podestà, the magistrate charged with criminal investigations, discovered that Seius had recently sworn that he would kill Titius, and further, that everyone in town believed that he was guilty. The podestà ordered his arrest and, after a manhunt, Seius was captured before he could slip across the border to the neighboring city-state.
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Gibson, Mary. "Paul Garfinkel, Criminal Law in Liberal and Fascist Italy, Cambridge: Cambridge University Press, 2016. Pp. xviii + 536. $99.99 hardcover (ISBN 978-1-107-10891-2)." Law and History Review 37, no. 1 (February 2019): 313–15. http://dx.doi.org/10.1017/s0738248019000099.

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Вікторія Сергіївна Панченко. "WORLD VOLINES COURT ON THE VALUE OF LEGAL AND REGULAR IN THE YEAR OF UKRAINIAN REVOLUTION OF THE BEGINNING OF THE XX CENTURY." Intermarum history policy culture, no. 5 (January 1, 2018): 112–29. http://dx.doi.org/10.35433/history.11188.

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Introduction The transformational processes occurring in Ukraine today have necessitated the search for new forms of the judicial system organization. The system should be effective, simple and accessible to the public. Most of these requirements correspond to the Peace Court, which under different names has been successfully operating in England, Israel, Italy, Switzerland, the USA and Canada.T herefore, today it is important to study the practice of its formation and development.Goal: based on the analysis of the normative framework of the peace courts functioning in 1917-1919, their judicial practices and conditions of activity, to determine the degree of effectiveness of local justice and its role in establishing the rule of law and order in the Volyn province during the National Revolution.Results After the formation of the Ukrainian governments, the judicial reforms were launched, which changed the structure and competence of local courts. In 1917-1919, the Higher Regional Courts were closed, and their cases were transferred to peace courts. From 1919, the latter could consider the claims worth up to 10,000 rubles and criminal cases with losses of up to 60,000 rubles. Peace judge Petro Ilkevich, commenting on these changes, with pride and sadness said: "No state in the world has such a judicial individual power with such an extensive competency as our peace justice!" The judge's doubts and anxieties were due to big amounts work that judges had to perform then.The Ukrainization of the judicial process became a difficult issue during the judicial reform. The relevant law was adopted on March 1st, 1918, but it was not fully implemented. The shortage of funds, professionals and time prevented its implementation. However, given the enthusiasm of the Volyn judges, their documentation was conducted in Ukrainian already in 1918. The increased attention to the jurisdiction normalization and the improvement of the judicial system testified the Government's desire to ensure the priority of the laws and their strict observance by practical steps. At the same time, the complicated internal political situation, that forced the government to balance on the verge and find compromises, did not allow to fully control the implementation of laws on the ground. The implementation of legislative innovations, as practice shows, completely depended on the initiative and commitment of regional managers and officials, including judges, to the Ukrainian endeavor.The overthrow of autocracy and the proclamation of the national power in the face of the Central Rada, along with the wave of popular upheaval and revolutionary enthusiasm, caused the growth of crime, looting and local anarchy. In 1917-1919, one judge at Zhytomyr Peace Congress on average considered 404 criminal and 287 civil cases, with 60% of the proceedings being completed within two or three months, 39.5% lasting to six months and only 0.5% due to independent reasons lasting more than a year. At the same time, only 7% of the sentences were appealed in higher courts. These indicators convincingly prove the effectiveness of the legal process and the professionalism of the judges who made decisions regardless of the political conjuncture, taking into account only the laws and the sense of justice.Difficult financial situation made it complicated for peace judges to fulfill their duties. For example, V. Lebedinsky, the head of the peace congress, wrote: "Although the judge is a representative of the supreme power in the province, but is forced to lead a poverty-like life – ragged clothes, unable to provide a decent education to his children, be treated if necessary and hold servants, he lives half-starved." The housing issue also remained unresolved. The influx of refugees to the province, as well as the destruction of buildings through military operations, made it virtually impossible to rent a decent room for the court The buildings for courts were allocated on a residual principle, which meant their low quality and high cost. Due to small salaries, the court offices remained without scribes and secretaries. This made judges, tired of their direct duties, stay late in the evening to complete the documents themselves.Conclusion. In 1917-1919s, the Volyn peace courts continued to administer justice in the region and provide qualified legal assistance to the population. Ukrainian governments have taken measures to build the structure and increase the competence of local courts, but ignored the logistical support of judicial activities. At the same time, education, rich professional and life experience helped peace judges partially solve these difficulties.
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Dissertations / Theses on the topic "Criminal law Italy History"

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Pollard, Dorette. "Fresh evidence in Canadian criminal law: 1910--2010." Thesis, University of Ottawa (Canada), 2010. http://hdl.handle.net/10393/28814.

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In the last four decades, there has been a dramatic increase in the number of fresh evidence cases before Canadian criminal law appellate courts. Yet when it was first introduced at the turn of the last century, this rule of evidence was meant to be an exception to the principle of the finality of judgments, to be used only on those rare occasions when a miscarriage of justice had occurred. It was intended to prevent the innocent from going to jailor worse, from perishing on the gallows. Historically, fresh evidence was used but rarely prior to 1970. However, starting in the mid 1970s these applications have grown significantly, exploding after the early 1980s. Based on an analysis of an initial database of 2116 fresh evidence matters, the thesis examines the possible reasons for this phenomenon and concludes that there is a direct correlation between the rise in the number of fresh evidence cases after 1970 and the advances in science, including the use of new evidence, such as DNA and expert forensic evidence in criminal law cases. But if the advances in science have made a significant contribution to the growth of fresh evidence applications, it was the advent of the Canadian Charter of Rights and Freedoms that brought a sea change to Canadian criminal law fresh evidence jurisprudence. Through a theoretical framework constructed around the search for truth, rights and theories of fairness, the thesis traces the evolution of appellate adjudication in this area of law that from its origins was meant to be used but rarely in the interests of the administration of justice to prevent miscarriages of justice.
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Handler, Philip. "Forgery and criminal law reform in England, 1818-1830." Thesis, University of Cambridge, 2001. https://www.repository.cam.ac.uk/handle/1810/272333.

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Kennedy, Chloe Jane Sophia. "Criminal law and the Scottish moral tradition." Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/17935.

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This thesis presents an account of the development of Scots criminal law which concentrates on the influence of the Scottish moral tradition, as epitomised by Calvinist theological doctrine and Scottish Enlightenment moral philosophy. It argues that there are several crucial but seldom-acknowledged points of similarity between the Calvinist aim of creating a holy community and key tenets of eighteenth century Scottish moral thought, which rest upon community-oriented conceptions of the nature of morality and society. Both these shared conceptions and the particular ways they are expressed in Calvinist creed and Enlightenment philosophy are shown to have had a bearing on the way that Scots criminal law changed over time. The areas in which this influence is demonstrated are: the scope and principles of the law, i.e. the type of conduct that was punishable and the arguments that were put forward to justify its prohibition; the attribution of criminal responsibility (and non-responsibility); and the importance of mental state. It is argued that in each of these discrete areas changing perspectives on the nature of morality and human agency had a palpable impact on both legal doctrine and practice. When these different areas of the law are viewed as a whole and in historical perspective, the formative force of the Scottish moral tradition becomes clear and its influence can be seen to have extended into the contemporary law. The thesis therefore provides an original interpretation of the history of Scots criminal law by considering its sources and institutions from hitherto unexplored theological and moral perspectives, whilst simultaneously enhancing scholarly appreciation of certain aspects of the contemporary law that appear unusually moralistic. It also makes a broader contribution to socio-historic scholarship and strengthens its position as a recognised and worthwhile discipline by illustrating, using a concrete legal system, how legal history can enhance debates within criminal law theory and vice versa.
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Garnham, Neal. "The courts, crime and the criminal law in Ireland, 1692 - 1760." Thesis, University of Ulster, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.390059.

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Moses, Julia Margaret. "Industrial accident compensation policies, state and society in Britain, Germany and Italy, 1870-1925." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609115.

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Dickson, Tiphaine. "On the Poverty, Rise, and Demise of International Criminal Law." PDXScholar, 2016. http://pdxscholar.library.pdx.edu/open_access_etds/2707.

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This dissertation in four essays critically examines the emergence of international criminal courts: their international political underpinnings, context, and the impact of their political production in relation to liberal legalism, liberal political theory, and history. The essays conceive of international criminal legal bodies both as political projects at their inception and as institutions that deny their own political provenance. The work is primarily one of political theory at the intersection of history, international relations, international criminal law, and the politics of memory. The first essay questions Nuremberg's legacy on the United States' exceptionalist view of international law and its deviant practice, while the second essay explores the relationship between exploding inequality and the triumph of the human rights movement as well as the costs of international prosecutions to the detriment of transformative politics. The third essay explores the relationship between history and international criminal courts, as well as the limits of their engagement, while the fourth examines the idea of legalism - rule following as a moral ethos - in the context of real political trials.
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Cavaliere, Patrick Anthony. "Crime and punishment in Fascist Italy : a constitutional analysis of political criminal justice from the liberal state to the drafting of the Rocco Code." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.260008.

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Douglas, Heather Anne. "Legal narratives of indigenous existence : crime, law and history /." Connect to thesis, 2005. http://eprints.unimelb.edu.au/archive/00001751.

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Awabdeh, Mohamed al. "History and prospect of Islamic criminal law with respect to the human rights." [S.l. : s.n.], 2005. http://deposit.ddb.de/cgi-bin/dokserv?idn=976510677.

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Awabdeh, Mohamed Al. "History and prospect of Islamic criminal law with respect to the human rights." Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2005. http://dx.doi.org/10.18452/15294.

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Die wichtigste dieser Arbeit zugrunde liegende Frage ist, ob ein spezifisches muslimisches Strafrecht in den muslimischen Ländern noch angewendet werden kann. Gibt es eine Zukunft für die Sharia, und wenn ja, wie sieht diese aus? Welche Art des Strafrechts wird zurzeit und zukünftig benötigt, um ein ruhiges und beständiges Leben in islamischen Gesellschaften zu ermöglichen? Können diese Gesellschaften einen Gesetzeskodex anwenden, der den internationalen und inländischen Erwartungen im Sinne der grundlegenden Menschenrechte sowie den Prinzipien von Gerechtigkeit und Gleichheit vor dem Gesetz entspricht? Mit dieser vorliegende Recherche möchte ich wichtige Konzepte des Strafrechts erklären - nicht nur Nicht-Muslimen sondern auch Muslimen. Wir haben selbst auch das Bedürfnis zu erlernen, wie man mittels wissenschaftlicher Methoden und Logik das islamische Strafrecht erforschen und erfassen kann. Wir möchten zeigen, wie islamisches Strafrecht durch Studie und Analyse verstanden werden sollte. Die Auslegung des Gesetzes muss entsprechend dem Nutzen und im Interesse der Menschen geändert werden, weil Gott möchte, dass seine gesamte Schöpfung in Frieden, Gerechtigkeit und Respekt füreinander lebt. Die heutige islamische Welt ist streng in Modernismus und Fundamentalismus geteilt. Beide Denkweisen können in hohem Grade über ihr Verhältnis zum Westen definiert werden. Modernismus zieht in Betracht, was der Westen erzielt hat und verlangt eine Anpassung der eigenen Ideen, Werte und Bräuche. Die Modernisten befürworten eine ausgedehnte Deutung des Islams, um traditionelle islamische Lehren und Prinzipien harmonisch mit den Aspekten einer modernen, progressiven Gesellschaft co-existieren zu lassen. Fundamentalismus dagegen verlangt die Rückkehr zum angeblich ursprünglichsten Konzept des Islam, das westliche Errungenschaften und Konzepte zurückweist. Bereits zu Beginn des 20. Jahrhunderts stimmten liberale islamische Denker darin überein, dass es zwingend notwendig ist, die rechtlichen Grundlagen zu modernisieren ohne dabei jedoch islamische Beschränkungen völlig zu vernachlässigen.
The big question underlying this work is whether a specific Muslim criminal law can still be applied in Muslim countries. Is there a future for the Sharia, and if yes, how will it look like? What type of criminal law is needed at present and in the future in order to provide for peaceful and stable Islamic societies that apply a law code that meets international and domestic expectations in view of basic human rights as well as general approaches towards justice and equality before the Law? Through this research I would like to explain some important points of criminal law not just for the non -Muslims but also for Muslims. We ourselves want to learn how to conduct research using scientific methods and logic in order to understand Islamic criminal law. We want to show how Islamic criminal law should be understood through study and analysis. The analysis of law must be changed according to the benefits and interests of the people because God wants to see all his creation living in good way, peacefully, with justice and respect for each others. The Islamic world of today is sharply divided between modernism and fundamentalism. Both streams of thought may be defined to a large extent by their relationship to the West. Modernism takes into account what the West has achieved and calls for an adaptation to one's own ideas, values and practices. They advocate a broad interpretation of Islam for harmonising the traditional Islamic teachings and principles with the needs of a modern, progressive society. Fundamentalism, on the other hand, implies a return to a supposedly original core Islamic concept that rejects Western achievements. By the beginning of the 20th century there was a consensus among liberal Islamic thinkers about the necessity to reform and to meet modern legal standards without totally abandoning Islamic restrictions.
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Books on the topic "Criminal law Italy History"

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The criminal law system of medieval and Renaissance Florence. Baltimore: Johns Hopkins University Press, 1994.

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Politics and justice in late medieval Bologna. Leiden: Brill, 2010.

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Vallerani, Massimo. La giustizia pubblica medievale. Bologna: Il mulino, 2005.

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The Roman Inquisition: A papal bureaucracy and its laws in the age of Galileo. Philadelphia: University of Pennsylvania Press, 2012.

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Criminal law in Italy. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2011.

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Amato, Astolfo Di. Criminal law in Italy. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2013.

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Longhitano, Claudio. Il tribunale di Mussolini: Storia del Tribunale speciale : 1926-1943. [Roma]: ANPPIA, 1995.

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Marta, Verginella, and Verrocchio Ariella, eds. Dal processo Zaniboni al processo Tomazic: Il tribunale di Mussolini e il confine orientale (1927-1941). Udine: Gaspari, 2003.

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Maiwald, Manfred. Einführung in das italienische Strafrecht und Strafprozessrecht. Frankfurt, M: P. Lang, 2009.

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Italy. Codice penale commentato. Torino: UTET giuridica, 2012.

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Book chapters on the topic "Criminal law Italy History"

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Selvaggi, Nicola. "Populism and Criminal Justice in Italy." In Italian Populism and Constitutional Law, 291–310. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-37401-3_15.

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Rafaraci, Tommaso. "Country Report “Italy”." In Legal Studies in International, European and Comparative Criminal Law, 149–86. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-55796-6_5.

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Mangiaracina, Annalisa. "Report on Italy." In Legal Studies in International, European and Comparative Criminal Law, 229–77. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-01186-4_9.

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Kanovitz, Jacqueline R., Jefferson L. Ingram, and Christopher J. Devine. "Constitutional History and Content." In Constitutional Law for Criminal Justice, 3–42. 15th edition. | New York, NY : Routledge, 2018. | Series: John C. Klotter justice administration legal series: Routledge, 2018. http://dx.doi.org/10.4324/9780429469886-1.

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Cross, Noel. "Perspectives on the history of criminal law and criminal justice." In Criminal Law for Criminologists, 20–36. Abingdon, Oxon ; New York, NY : Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9780429467431-2.

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Cera, Margherita. "History of Design Protection in Italy." In History of Design and Design Law, 287–304. Singapore: Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-16-8782-2_16.

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Campbell, James. "Slavery and the Criminal Law." In Crime and Punishment in African American History, 38–59. London: Macmillan Education UK, 2012. http://dx.doi.org/10.1057/978-1-137-29671-9_3.

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Vormbaum, Thomas, and Michael Bohlander. "§ 6 Current Events in Criminal Law." In A Modern History of German Criminal Law, 251–57. Berlin, Heidelberg: Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-37273-5_6.

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Ji, Ying. "The history of lawmaking and the multiple streams approach." In The Making of Chinese Criminal Law, 46–59. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021. | Series: The rule of law in China and comparative perspectives: Routledge, 2021. http://dx.doi.org/10.4324/9781003131441-3.

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Chen, Ruihua. "How to Determine the Facts of a Criminal Case." In A Dialogue Between Law and History, 193–209. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-9685-8_11.

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Conference papers on the topic "Criminal law Italy History"

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Galli, Elisabetta. "ANIMAL PROTECTION IN ITALY: THE CRIMINAL LAW PERSPECTIVE." In 8th SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS Proceedings 2021. SGEM World Science, 2021. http://dx.doi.org/10.35603/sws.iscss.va2021/s02.07.

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Threatte, James. "Criminal history systems: new technology and new directions." In Enabling Technologies for Law Enforcement and Security, edited by George Works. SPIE, 1997. http://dx.doi.org/10.1117/12.266286.

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Muzychuk, A. E. "INSTITUTE OF PARTICIPATION IN CRIME IN SOVIET CRIMINAL LAW." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2020. http://dx.doi.org/10.22250/lsr.2020.11.

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Milovanov, N. M. "On the history of the development of the security institute for participants in criminal legal proceedings." In Scientific Trends: Law. ЦНК МОАН, 2019. http://dx.doi.org/10.18411/spc-20-12-2019-02.

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Chuitofa, A. O. "INSTITUTE OF UNACCEPTABLE EVIDENCE IN THE CRIMINAL PROCEEDINGS OF RUSSIA: LAW ENFORCEMENT PROBLEMS." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2020. http://dx.doi.org/10.22250/lsr.2020.16.

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Kononkova, N. V., and E. A. Fefelov. "SOME FEATURES OF THE INSTITUTE CONFISCATION OF PROPERTY IN CRIMINAL LAW RUSSIAN FEDERATION." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2020. http://dx.doi.org/10.22250/lsr.2020.8.

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Copeland, Patricia L., and James Shugars. "Developing the Interstate Identification Index/Federal Bureau of Investigation (III/FBI) system for providing timely criminal and civil identification and criminal history information to the nation's law enforcement agencies." In Enabling Technologies for Law Enforcement and Security, edited by George Works. SPIE, 1997. http://dx.doi.org/10.1117/12.266292.

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Dauster, Manfred. "Criminal Proceedings in Times of Pandemic." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.

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COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.
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9

Grudinin, Nikita. "The history of the formation and development of the institute of necessary defense in Russian criminal law." In Development of legal systems in Russia and foreign countries: problems of theory and practice. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-106-115.

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The article deals with the historical aspects of the formation and development of the institute of necessary defense in Russia. The author of the article mentions that the centuries-old history of the development of this institute has developed a criterion that establishes the possibility of self-defense and protection of the rights and freedoms of other people from socially dangerous encroachments, regardless of whether the defending person can resort to the help of others.
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10

Nakane, Ikuko. "Accusation, defence and morality in Japanese trials: A Hybrid Orientation to Criminal Justice." In GLOCAL Conference on Asian Linguistic Anthropology 2019. The GLOCAL Unit, SOAS University of London, 2019. http://dx.doi.org/10.47298/cala2019.16-5.

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The Japanese criminal justice system has gone through transformations in its modern history, adopting the models of European Continental Law systems in the 19th century as part of Japan’s modernisation process, and then the Anglo-American Common Law orientation after WWII. More recently, citizen judges have been introduced to the criminal justice process, a further move towards an adversarial orientation with increased focus on orality and courtroom discourse strategies. Yet, the actual legal process does not necessarily represent the adversarial orientation found in Common Law jurisdictions. While previous research from cultural and socio-historical perspectives has offered valuable insights into the Japanese criminal court procedures, there is hardly any research examining how adversarial (or non-adversarial) orientation is realised through language in Japanese trials. Drawing on an ethnographic study of communication in Japanese trials, this paper discusses a ‘hybrid’ orientation to the legal process realised through courtroom discourse. Based on courtroom observation notes, interaction data, lawyer interviews and other relevant materials collected in Japan, trial participants’ discourse strategies contributing to both adversarial and inquisitorial orientations are identified. In particular, the paper highlights how accusation, defence and morality are performed and interwoven in the trial as a genre. The overall genre structure scaffolds competing narratives, with prosecution and defence counsel utilising a range of discourse strategies for highlighting culpability and mitigating factors. However, the communicative practice at the micro genre level shows an orientation to finding the ‘truth,’ rehabilitation of offenders and maintaining social order. The analysis of courtroom communication, contextualised in the socio-historical development of the Japanese justice system and in the ideologies about courtroom communicative practice, suggests a gap between the practice and official/public discourses of the justice process in Japan. At the same time, the findings raise some questions regarding the powerful role that language plays in different ways in varying approaches to delivery of justice.
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Reports on the topic "Criminal law Italy History"

1

Ovcharov, A. V. On criminal law approaches to the assessment of «friendly fire». DOI CODE, 2021. http://dx.doi.org/10.18411/2074-1944-2021-0165.

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The article is devoted to the consideration of the phenomenon of «friendly fire» in modern military conflicts and the development of general criminal-legal approaches to its assessment. The article analyzes the causes of «friendly fire», discusses its types and provides the most famous cases of «fire on their own» in military history. Еhe article contains recommendations for determining the guilt of persons who committed cases of «friendly fire» and compares the phenomenon under consideration with the criminal-legal category of extreme necessity
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