Journal articles: 'Criminal law Italy History'

1

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.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

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.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

4

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

5

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.

Full text

APA, Harvard, Vancouver, ISO, and other styles

6

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

7

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

8

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

9

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.

Full text

APA, Harvard, Vancouver, ISO, and other styles

10

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

11

Azzarelli, Andrea. "Policing the Sicilian Mafia: Repression and Control of the Mafia Phenomenon in Late Nineteenth-Century Italy." European History Quarterly 53, no. 1 (January 2023): 45–66. http://dx.doi.org/10.1177/02656914221143882.

Full text

Abstract:

The article analyzes the repression of the Mafia phenomenon in Sicily between 1896 and 1901. The close attention paid to the Mafia by the authorities during this period produced a strong evidence base which this article examines through the lens of policing practices. These practices remain neglected as to date the historiography has focused on tracing legal developments rather than examining the application of laws by the forces of law and order. Accordingly, the article puts forward a series of historiographically important questions: what was the attitude of police forces in controlling dangerous individuals? How much do the practices adopted by police forces tell us about the possibilities for state intervention and the limits of its influence? What was the relationship between the perception of a criminal threat, police operations and the construction of judicial truth? The article reveals a very clear image of the Italian state in the liberal era. In fact, state officials and high-ranking institutional figures seemed interested in strengthening the social and political order by establishing control networks which could operate in any circumstances. They aimed to make it impossible not to interact with state officials. In this sense, rather than seeking a complete monopoly of violence, they aimed to oblige local power holders, social groups and semi-public figures to bargain with state officials. The effect was that social groups with means of violence at their disposal did not necessarily become a threat to the maintenance of order and nor did they necessarily forestall the possibility of state mediation and hegemony.

APA, Harvard, Vancouver, ISO, and other styles

12

Шевченко, С. І. "HISTORY OF ESTABLISHMENT AND DEVELOPMENT OF THE AMNESTY INSTITUTE IN UKRAINIAN LAND." Juridical science, no. 1(103) (February 19, 2020): 71–79. http://dx.doi.org/10.32844/2222-5374-2020-103-1.10.

Full text

Abstract:

The study deals with the peculiarities of the application and the main periods of formation of the institution of amnesty in the Ukrainian lands. It is noted that in the classical modern sense, amnesty is mostly considered an act of full or partial release from criminal liability and punishment of certain categories of persons guilty of crimes and emphasizes the differences between this term and the concept of “pardon” for specific persons. It is noted that, contrary to the view that amnesty is a common practice in the post-Soviet space, it has been used since ancient times, such as in Athens and Rome (when “full forgiveness and forgetfulness” was used against Roman citizens, and by higher authorities on specific wrongdoings). actions that were considered crimes and those who committed them), and in modern conditions amnesty is applied in some Western European countries (Italy, etc.). It is pointed out that elements of amnesty have been found in Ukrainian lands since the times of Kievan Rus, and later in Ukrainian lands as part of the Polish-Lithuanian Commonwealth and the Russian Empire. It is noted that by the twentieth century. In Ukrainian lands, there was no separate institution of amnesty in the legislation, amnesty was considered an element of pardon and was not separate. The article notes that there are different views on the periodization of the formation and development of the amnesty institution in Ukraine in particular, and criminal science and law in general, and suggests that the periodization may not coincide with the existence of different state systems in Ukraine, as it should be based on scientific opinions and their implementation in regulations in force in the Ukrainian lands. The article emphasizes that during the period of independent Ukraine there is an active process of change and development of the national legal system in general and the institution of amnesty in particular.

APA, Harvard, Vancouver, ISO, and other styles

13

Ferris, Kate. "Criminal Law in Liberal and Fascist Italy, by Paul Garfinkel, Cambridge, Cambridge University Press, 2016, vii + 536 pp., £78.99 (hardback), ISBN 978-1-107-10891-2." Modern Italy 24, no. 4 (September 9, 2019): 486–88. http://dx.doi.org/10.1017/mit.2019.40.

Full text

APA, Harvard, Vancouver, ISO, and other styles

14

Horn, David G. "Criminal Law in Liberal and Fascist Italy. By Paul Garfinkel. Studies in Legal History. Edited by Sarah Barringer Gordon, Holly Brewer, and Michael Lobban.Cambridge: Cambridge University Press, 2016. Pp. xviii+536. $99.99 (cloth); $80.00 (Adobe eBook Reader)." Journal of Modern History 90, no. 4 (December 2018): 961–62. http://dx.doi.org/10.1086/700155.

Full text

APA, Harvard, Vancouver, ISO, and other styles

15

Paoli, Letizia. "The political-criminal nexus in italy." Trends in Organized Crime 5, no. 2 (December 1999): 15–58. http://dx.doi.org/10.1007/s12117-999-1033-2.

Full text

APA, Harvard, Vancouver, ISO, and other styles

16

Maffei, Stefano, and Isabella Merzagora Betsos. "Crime and Criminal Policy in Italy." European Journal of Criminology 4, no. 4 (October 2007): 461–82. http://dx.doi.org/10.1177/1477370807080722.

Full text

APA, Harvard, Vancouver, ISO, and other styles

17

Paoli, Letizia. "The political-criminal nexus in italy." Trends in Organized Crime 3, no. 1 (September 1997): 49–56. http://dx.doi.org/10.1007/s12117-997-1137-5.

Full text

APA, Harvard, Vancouver, ISO, and other styles

18

Corner, Paul. "Criminal law in liberal and fascist Italy." Journal of Modern Italian Studies 23, no. 3 (May 27, 2018): 329–31. http://dx.doi.org/10.1080/1354571x.2018.1459412.

Full text

APA, Harvard, Vancouver, ISO, and other styles

19

Tkacheva, Galina. "Contribution of the Far Eastern Region to the Victory of the USSR in the Great Patriotic War and the End of World War II." ISTORIYA, E21 (2021): 0. http://dx.doi.org/10.18254/s207987840017328-9.

Full text

Abstract:

In 1941—1945. The inviolability of the Far Eastern borders with limited human resources, a poorly developed system of communication links and a lack of financial resources was maintained using the country's socio-political and military-economic capabilities. The demographic situation determined the mobilization capabilities of the region, the imbalance between the number of urban and rural residents, the personnel potential of military-industrial and civilian enterprises has increased, the problem of labor resources has become aggravated. The deployment of a military contingent in the Far East was, on the one hand, an incentive for the development of life-supporting industries, and on the other, an additional burden for limited regional resources. The introduction of a rationed supply of food and basic necessities to the population guaranteed a minimum of material benefits for the majority of the population. In the most difficult conditions, it was possible to preserve the social infrastructure at a level that ensures the reproduction of the labor force. The movement “Everything for the front, everything for the victory!” became a symbol of Soviet patriotism, citizenship and sacrifice. The war of the Soviet Union against Japan received the support of the world community. The Tokyo and Khabarovsk military tribunals established that the main Japanese criminals violated international law, treaties and agreements, unleashing aggressive wars against other countries, and committed a grave crime against humanity. The signed international agreements provided not only for the defeat of fascist Germany, Italy, militarist Japan and their allies, but also for the preservation of peace and the settlement of contradictions. The commonality of goals, the just nature of the war helped the Soviet people endure an incredibly difficult and prolonged test and win the Great Patriotic War, and bring the end of World War II closer.

APA, Harvard, Vancouver, ISO, and other styles

20

Krause, Thomas. "Criminal Justice History." Rechtsgeschichte - Legal History 2005, no. 06 (2005): 181–90. http://dx.doi.org/10.12946/rg06/181-190.

Full text

APA, Harvard, Vancouver, ISO, and other styles

21

Rusanov, Georgy. "Perpetrators of corporate crimes in commercial organizations in Italy and Russia." Journal of Financial Crime 28, no. 1 (October 1, 2020): 120–30. http://dx.doi.org/10.1108/jfc-02-2020-0025.

Full text

Abstract:

Purpose The purpose of this paper is dedicated to the features of subjects of official crimes in commercial organizations in accordance with the laws of Italy and Russia. Design/methodology/approach Based on the study of Russian and Italian legislation, it was revealed that the Italian criminal law provides for a more extensive system of the criminal law provisions on liability for corporate economic crimes. Findings These norms are in various normative legal acts (civil legislation, separate legislative acts). In the Russian criminal legislation, the norms in the sphere of corporate crimes in the sphere of economy are systematized and are located in a separate chapter of the Criminal Code of the Russian Federation. At the same time, the list of acts for which liability is provided is significantly narrower than in the Italian criminal law. Originality/value In general, the institute of criminal liability for subjects of economic crimes with special features is adopted and developed as in the Russian criminal law as in the Italian criminal law. The existence of this institution shows the awareness by legislators of the increased danger to the society of such persons’ actions owing to the fact that the existence of the official status, special powers of certain duties or the lack of an appropriate indication on the contrary allows such a person to commit an act that is not available to other persons.

APA, Harvard, Vancouver, ISO, and other styles

22

Tamborra, Tracy, Raffaele Muzzica, and Giuseppe Amarelli. "Emerging Cultural Conflicts in Italy: A Challenge for Criminal Law." International Journal of Criminology and Sociology 4 (July 31, 2015): 141–53. http://dx.doi.org/10.6000/1929-4409.2015.04.15.

Full text

APA, Harvard, Vancouver, ISO, and other styles

23

Lacey, Nicola. "Philosphy, History and Criminal Law Theory." Buffalo Criminal Law Review 1, no. 2 (January 1, 1998): 295–328. http://dx.doi.org/10.1525/nclr.1998.1.2.295.

Full text

APA, Harvard, Vancouver, ISO, and other styles

24

Fontanelli, Filippo. "Criminal Proceedings Against Albers." American Journal of International Law 107, no. 3 (July 2013): 632–38. http://dx.doi.org/10.5305/amerjintelaw.107.3.0632.

Full text

Abstract:

In August 2012, the First Criminal Division of the Court of Cassation (Supreme Court or Court), the highest Italian domestic court, issued a judgment upholding Germany’s sovereign immunity from civil claims brought by Italian war crime victims against Paul Albers and eight others in the Italian courts (Albers). In so doing, the Court overruled its own earlier decisions and also reversed the judgment of April 20, 2011, by the Italian Military Court of Appeal (Military Court), which had upheld such claims relating to war crimes committed by German forces in Italy during World War II. With this ruling, the Court of Cassation put an end to its decade long effort to find an exception to the well-known rule of customary international law providing for sovereign immunity from foreign civil jurisdiction for actsjure imperii. Thisrevirementresulted from the Court’s decision to give effect to the judgment of the International Court of Justice (ICJ) inGermany v. Italy.

APA, Harvard, Vancouver, ISO, and other styles

25

Rusanov, Georgy. "Sources of criminal law in the area of responsibility for economic crimes in Russia and Italy." Journal of Financial Crime 26, no. 4 (October 7, 2019): 1095–106. http://dx.doi.org/10.1108/jfc-07-2018-0064.

Full text

Abstract:

Purpose The purpose of this study is to investigate the sources of criminal law in the area of responsibility for economic crimes in Russia and Italy. Design/methodology/approach This study is based on the study of five types of sources of criminal law: criminal legislation, legislation of other branches of law in the sphere of regulation of economic relations, legislation of other branches of law in the sphere of protection of economic relations, judicial practice and customs. Findings Based on the study of Russian and Italian legislation were revealed: in general, that systems of sources of criminal law in Italy and Russia are similar and based on the legislation. Originality/value This is explained by the fact that both countries are close to the Roman-Germanic legal system. It is also an important legislation of other branches of law. It consists of regulatory and protective norms of other branches of law. Court decisions, including decisions of the Constitutional Court and some legal positions of other vessels, are also considered as sources of criminal law.

APA, Harvard, Vancouver, ISO, and other styles

26

Amodio, Ennio. "The Accusatorial System Lost and Regained: Reforming Criminal Procedure in Italy." American Journal of Comparative Law 52, no. 2 (2004): 489. http://dx.doi.org/10.2307/4144459.

Full text

APA, Harvard, Vancouver, ISO, and other styles

27

Coscas-Williams, Béatrice, and Michal Alberstein. "A Patchwork of Doors." New Criminal Law Review 22, no. 4 (2019): 585–617. http://dx.doi.org/10.1525/nclr.2019.22.4.585.

Full text

Abstract:

Our paper surveys the development of criminal hybrid models in two continental jurisdictions, Italy and France, following the 1987 Recommendation of the Committee of Ministers of the Council of Europe to accelerate criminal proceedings through the introduction of guilty pleas, out-of-court settlements and simplified proceedings. We describe various frameworks for criminal justice as a multi-door arena, of which the plea bargaining is but one of several possibilities. In our review, we emphasize consensual elements, the place of the search of truth, and the role of the judges and other stakeholders. We outline the different paths that France and Italy have taken as incorporating adversarial and inquisitorial elements to increase efficiency. The French system made gradual modifications and remained inquisitorial by nature. Aside from the more recent integration of proceedings without trial inspired by plea bargaining, it has developed doors of abbreviated trials where the investigation stage is minimized. This has resulted in a different version of the vanishing trial—the vanishing investigation. The Italian system, on the other hand, has announced a drastic transformation to an adversarial framework of trial, while adopting mainly proceedings without trial. This shift has not resulted in a vanishing trial phenomenon, and currently, the full adversarial-type trial remains the main door in Italy. We describe the sequence of transformations of these systems and emphasize the significance of this contemporary patchwork of doors in terms of the role of the judges and the possibility of implementing a conflict resolution criminal justice perspective.

APA, Harvard, Vancouver, ISO, and other styles

28

Guarnieri, Carlo, Cristina Dallara, and Michele Sapignoli. "Political corruption in Italy." Civitas - Revista de Ciências Sociais 20, no. 3 (November 13, 2020): 324–34. http://dx.doi.org/10.15448/1984-7289.2020.3.37879.

Full text

Abstract:

At least since the 1990s, corruption has continued to be listed as one of the major shortcomings affecting old and new European democracies. In spite of that, measuring political corruption is still a tricky task. In this scenario, some recent studies proposed to turn the attention to the judicial actions to curb corruption, through criminal prosecution, shedding light specifically on the investigations involving high-level politicians (Popova and Post 2018; Dallara 2019). In this paper we aim to present data about judicial prosecution of political corruption in Italy, emphasizing how the number of investigations involving political actors seems rather high, although relatively few cases end with a conviction. Moreover, we aim to suggest some explanatory factors that could account for this situation. Among them: the salience of the issue in the political and public debate; the governance structure of the Italian judicial system and some characters of the Italian criminal law and procedure.

APA, Harvard, Vancouver, ISO, and other styles

29

Barbui, Corrado, and Benedetto Saraceno. "Closing forensic psychiatric hospitals in Italy: a new revolution begins?" British Journal of Psychiatry 206, no. 6 (June 2015): 445–46. http://dx.doi.org/10.1192/bjp.bp.114.153817.

Full text

Abstract:

SummaryOn 30 May 2014 the Italian Parliament approved a new law regarding forensic psychiatric hospitals. Forensic psychiatric hospitals are facilities that admit individuals who have committed a criminal offence but lack criminal responsibility because of a mental disorder and are deemed as dangerous to public safety. Here we report the key aspects of the new legislation together with some critical considerations.

APA, Harvard, Vancouver, ISO, and other styles

30

Antonov, V. I., and E. V. Antonov. "ADMINISTRATIVE PREJUDICE IN FOREIGN CRIMINAL LAW: HISTORY AND MODERNITY." Bulletin of Udmurt University. Series Economics and Law 30, no. 6 (December 28, 2020): 844–50. http://dx.doi.org/10.35634/2412-9593-2020-30-6-844-850.

Full text

Abstract:

The article examines criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia on various grounds. This topic is relevant today because the Russian legislator constantly includes new norms containing administrative prejudice in the criminal code of the Russian Federation. The problems of applying norms with administrative prejudice in practice are considered. It is noted that the criminal legislation in force in the XX century actively applied administrative prejudice as a method of legal regulation of public relations arising in the process of implementing the criminal policy of the Soviet state. The article analyzes the criminal legislation of Russia from the point of view of further development of criminal legislation in the direction of improving the institution of administrative prejudice and increasing the number of norms with administrative prejudice.

APA, Harvard, Vancouver, ISO, and other styles

31

Ashworth, Andrew, and Eva Steiner. "Criminal omissions and public duties: the French experience." Legal Studies 10, no. 2 (July 1990): 153–64. http://dx.doi.org/10.1111/j.1748-121x.1990.tb00597.x.

Full text

Abstract:

Whether or not the events of 1992 will have significant effects on the criminal law, there is good reason for looking hard at those respects in which English criminal laws differ in scope from those of our European neighbours and partners. One obvious example concerns crimes of omission, especially those founded on public duties. German law has long had offences of failing to render assistance to a person in peril and similar offences are to be found in other countries such as Denmark, Finland, Italy, Russia and Spain. These laws stand in contrast to the English position, which remains essentially the same as Sir James Fitzjames Stephen described it in 1883:

APA, Harvard, Vancouver, ISO, and other styles

32

Brundage, James A. "Proof in canonical criminal law." Continuity and Change 11, no. 3 (December 1996): 329–39. http://dx.doi.org/10.1017/s0268416000003441.

Full text

Abstract:

Du début à la fin du XHIe siécle, l'appréciation des témoignages et preuves par les tribunaux ecclésiastiques catholiques a considérablement évolué. Le système de procédure criminelle qui se fait jour durant cette période comporte de nombreux éléments qui seront plus tard inscrits dans nos lois. Nous en isolerons deux: d'abord le principe selon lequel les juges ne peuvent condamner que s'il y a crime ou délit avéré, ce qui annonce notre actuelle présomption d'innocence; deuxièmement le corps de preuves à constituer pour conclure à culpabilite. Il y eût en ce domaine aussi une évolution importante. Cet article en examine les aspects les plus importants et en esquisse la logique.

APA, Harvard, Vancouver, ISO, and other styles

33

Edge, Peter. "The codification of Manx criminal law." Journal of Legal History 15, no. 2 (August 1994): 109–30. http://dx.doi.org/10.1080/01440369408531099.

Full text

APA, Harvard, Vancouver, ISO, and other styles

34

Hall, Kermit L., and David L. Bazelon. "Questioning Authority: Justice and Criminal Law." Journal of American History 75, no. 3 (December 1988): 1014. http://dx.doi.org/10.2307/1901706.

Full text

APA, Harvard, Vancouver, ISO, and other styles

35

Dubber, Markus D. "The Comparative History and Theory of Corporate Criminal Liability." New Criminal Law Review 16, no. 2 (2013): 203–40. http://dx.doi.org/10.1525/nclr.2013.16.2.203.

Full text

Abstract:

An exercise in comparative legal history and legal theory, this article challenges the radical distinction that traditionally has been drawn between corporate criminal liability in German and Anglo-American law. In the familiar account, corporate criminal liability in the common law and the civil law passed each other like ships in the night, sometime around the turn of the nineteenth century: the common law had no corporate criminal liability before 1800, and the civil law had no corporate criminal liability after 1800. Closer inspection, however, reveals that corporate criminal liability was widely accepted in both common law and civil law countries at least since the Middle Ages, and that rejection of corporate criminal liability was complete neither in England before 1800 nor in Germany after 1800.

APA, Harvard, Vancouver, ISO, and other styles

36

Bodrožić, Ivana. "Criminal law response to terrorism in the legislation of Spain and Italy." Strani pravni zivot, no. 3 (2018): 109–23. http://dx.doi.org/10.5937/spz1803109b.

Full text

APA, Harvard, Vancouver, ISO, and other styles

37

Berger, Benjamin L. "Judges, Juries, and the History of Criminal Appeals." Law and History Review 29, no. 1 (February 2011): 297–302. http://dx.doi.org/10.1017/s073824801000129x.

Full text

Abstract:

The three articles offered in this forum on the early history of criminal appeals do us the great service of adding much of interest on this important but neglected issue in the development of Anglo–North American criminal procedure. The opaqueness of the legal history of criminal appeals stands in stark contrast to their centrality and apparent naturalness in contemporary criminal justice systems in England, Canada, and the United States. These three papers look at the period leading up to and immediately following the creation of the first formalized system of what we might call criminal appeals, the establishment of the Court of Crown Cases Reserved (CCCR) in 1848. This key period in the development of the adversary criminal trial was marked by both a concerted political effort to codify and rationalize the criminal law and by profound structural changes in the management of criminal justice.

APA, Harvard, Vancouver, ISO, and other styles

38

Frick, C. C. "Sumptuary Law in Italy, 1200-1500." English Historical Review 119, no. 482 (June 1, 2004): 777–78. http://dx.doi.org/10.1093/ehr/119.482.777.

Full text

APA, Harvard, Vancouver, ISO, and other styles

39

Turpin, William, and O. F. Robinson. "The Criminal Law of Ancient Rome." American Historical Review 102, no. 3 (June 1997): 792. http://dx.doi.org/10.2307/2171532.

Full text

APA, Harvard, Vancouver, ISO, and other styles

40

Grodetsky, Yurii Vasylovych. "Criminal offense. Crime. Criminal misconduct." Herald of the Association of Criminal Law of Ukraine 2, no. 18 (December 19, 2022): 186–206. http://dx.doi.org/10.21564/2311-9640.2022.18.268273.

Full text

Abstract:

Fundamental concepts of criminal law are considered – criminal offense, crime, criminal misdemeanor. Their characteristics and history of development in the 20th century are studied. Deficiencies in the legislative regulation of these concepts in the Criminal Code of Ukraine were revealed.

APA, Harvard, Vancouver, ISO, and other styles

41

Лазарева, Наталья, and Natalya Lazareva. "HISTORY OF CRIMINAL LEGISLATION DEVELOPMENT IN SLOVAKIA." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16140.

Full text

Abstract:

The subject of this research is criminal legislation of the Slovak Republic since the merge of Slovakia in the AustroHungarian Empire (XIX century) to the present day. The article analyzes the emergency criminal legislation of the World War II period, the socialist Criminal Codes of the Czechoslovak Republic (1950, 1961) and the existing Criminal Code of the Slovak Republic of 2005. The article also touches upon the country’s constitutional development on the example of the adopted Constitutions of the Czechoslovak Socialist Republic (1948, 1960) and the Constitution of the Slovak Republic (1992). The author pays special attention to the integration of Slovakia into the European legal framework when it became a member of the European Union in 2004. The article also contains comparative analysis of the main institutions of the criminal law in Russia and Slovakia. During the research the author used the following special methods: historical, logical, and comparative law method, which includes a variety of techniques (doctrinal, regulatory, functional comparison). As opposed to the criminal law of other European Union countries, the Slovak criminal law has remained practically unexplored by the Russian criminal law doctrine. But it is very unique because it comprises the combination of Austrian, German and Russian criminal law ideas which is conditioned by historical peculiarities of this state’s development. On the example of Slovakia, the author demonstrates possibility of combining the national legal legacy and directives of the European Union.

APA, Harvard, Vancouver, ISO, and other styles

42

Konovalova, Irina Anatolyevna, and Viet Nga Nguyen. "THE HISTORY OF THE VIETNAMESE CRIMINAL LAW DEVELOPMENT." Bulletin of the Moscow State Regional University (Law), no. 3 (2016): 59–65. http://dx.doi.org/10.18384/2310-6794-2016-3-59-65.

Full text

APA, Harvard, Vancouver, ISO, and other styles

43

Minda, Agnieszka, and Joanna Nowak. "Sharia Criminal Law – Structure And Influence Throughout History." Studenckie Zeszyty Naukowe 18, no. 27 (October 12, 2015): 19. http://dx.doi.org/10.17951/szn.2015.18.27.19.

Full text

APA, Harvard, Vancouver, ISO, and other styles

44

Jensen, Richard Bach. "Criminal Anthropology and Anarchist Terrorism in Spain and Italy." Mediterranean Historical Review 16, no. 2 (December 2001): 31–44. http://dx.doi.org/10.1080/714004581.

Full text

APA, Harvard, Vancouver, ISO, and other styles

45

Zammit Borda, Aldo. "History in International Criminal Trials." Journal of International Criminal Justice 18, no. 3 (July 1, 2020): 543–66. http://dx.doi.org/10.1093/jicj/mqaa039.

Full text

Abstract:

Abstract While the question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives of armed conflicts is an old one, it has gained renewed relevance in the context of the recent turn to history in international criminal law and the minimal attention paid to historical context in the first judgment of the International Criminal Court. The ‘proper’ place of history-writing in international criminal adjudication remains controversial, and even though some judges have preferred to de-emphasize it, the fact remains that ICTs are epistemic engines, systematically and inevitably producing knowledge about the conflicts that come before them. This article develops a framework for analysing the historical knowledge generated by ICTs, namely, the ‘crime-driven lens’. It argues that this lens is characterized by two important constraints, one qualitative, relating to interpretation and the other quantitative, relating to scope, both of which may give rise to blind spots. In the final analysis, while the important contributions of ICTs to deepening understanding of the histories of armed conflicts should not be underestimated, the constraints of the ‘crime-driven lens’ and its blind spots have to be taken into account when assessing their historical legacies.

APA, Harvard, Vancouver, ISO, and other styles

46

Holmes, Bryan, and Ben Feldmeyer. "Reassessing the Influence of Criminal History in Federal Criminal Courts." Justice Quarterly 36, no. 7 (November 10, 2019): 1206–28. http://dx.doi.org/10.1080/07418825.2019.1685121.

Full text

APA, Harvard, Vancouver, ISO, and other styles

47

Seabury, Elizabeth. "History of criminal justice." Journal of Criminal Justice 24, no. 3 (January 1996): 286. http://dx.doi.org/10.1016/0047-2352(96)90021-5.

Full text

APA, Harvard, Vancouver, ISO, and other styles

48

SAVCHENKO, Andrii, Oleksandr BABIKOV, and Olena OLIINYK. "Comparative and Legal Analysis of Criminal and Legal Protection of Individual Components of Natural Environment: European Experience." Journal of Advanced Research in Law and Economics 8, no. 7 (December 30, 2017): 2209. http://dx.doi.org/10.14505/jarle.v8.7(29).21.

Full text

Abstract:

The article is dedicated to criminal and legal protection of both the natural environment, and its individual components. This research describes legislation on environmental protection in the most developed European countries such as Spain, Italy, Poland, Germany, and also pays attention to international experience. There are laws on criminal responsibility for attacks on objects of natural environment and international acts have been analysed.

APA, Harvard, Vancouver, ISO, and other styles

49

Gryziak, Bartosz. "On para-penal evolution of administrative tax sanctions on the example of additional tax liability and default interests (Polish and Italian comparative analysis)." Doradztwo Podatkowe - Biuletyn Instytutu Studiów Podatkowych 7, no. 287 (July 29, 2020): 4–17. http://dx.doi.org/10.5604/01.3001.0014.3293.

Full text

Abstract:

In recent decades administrative tax penalties in Italy evolved in para-penal direction. This means they have acquired some of the principles and features typical for criminal law. In the meantime administrative tax penalties in Poland were developed significantly and, so, doubts on mutual relation of criminal and administrative sanctions emerged. Comparative analysis in terms of the phenomenon noted in Italy might help to solve this problem. So far, the Polish administrative tax penalties have not evolved in para-penal direction as Italian ones. Yet, there are signs of similar tendencies.

APA, Harvard, Vancouver, ISO, and other styles

50

Shoemaker, Karl Blaine. "V. Criminal Procedure in Medieval European Law." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 85, no. 1 (August 1, 1999): 174–202. http://dx.doi.org/10.7767/zrgka.1999.85.1.174.

Full text

APA, Harvard, Vancouver, ISO, and other styles

Journal articles on the topic 'Criminal law Italy History'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles