Relevant bibliographies by topics / Criminal procedure – Italy

Academic literature on the topic 'Criminal procedure – Italy'

Author: Grafiati
Published: 10 March 2023

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Journal articles on the topic "Criminal procedure – Italy"

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Fabri, Marco. "Criminal Procedure and Public Prosecution Reform in Italy: A Flash Back." International Journal for Court Administration 1, no. 1 (January 15, 2008): 3. http://dx.doi.org/10.18352/ijca.121.

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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.

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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.

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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.
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Lisova, Anna P. "The Burden of Proving in the Criminal Procedure of the Main European States." Advocate’s practice 3 (April 29, 2021): 44–49. http://dx.doi.org/10.18572/1999-4826-2021-3-44-49.

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The article contains a summary of the theoretical and legal aspects of foreign criminal procedure law (using the examples of Germany, France and Italy) related to the legal phenomenon of «burden of proof». Conclusions are formulated that: the criminal procedural law of these states assesses the legal phenomenon «the burden of proof» as an integral part of the principle of the presumption of innocence; the admissibility of the transfer of the burden of proof of certain circumstances of the criminal case from the prosecution to the defense is admitted, while the grounds and scope of such transfer vary from minimal (Germany) to fairly broad (France); the grounds for shifting the burden of proof are: the provision for this action by the criminal law or other special laws that establish criminal liability for the commission of certain unlawful acts; the formulation of the objective side of the crime by the criminal law in a way that implies the guilty commission of an act (for example, carrying a firearm or cold weapon without a permit); introduction into the criminal proceedings by the defense side of evidence favorable to the defendant, including the statement that the latter committed an act while in an unusual mental state or under unusual circumstances; unlike the prosecution, the defense generally fulfills the burden of proof in accordance with the «reasonable doubt» standard of the prosecution’s arguments.
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Patanè, Flavia, Maarten P. Bolhuis, Joris van Wijk, and Helena Kreiensiek. "Asylum-Seekers Prosecuted for Human Smuggling: A Case Study of Scafisti in Italy." Refugee Survey Quarterly 39, no. 2 (May 14, 2020): 123–52. http://dx.doi.org/10.1093/rsq/hdaa008.

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Abstract States increasingly prosecute irregular migrants – asylum-seekers included – for their (alleged) involvement in human smuggling during their own migration journey. Based on a literature review and interviews with lawyers, prosecutors, judges, and migrants on Sicily, this article provides insight into the nature and scale of this phenomenon in Italy and discusses the effects of criminal prosecution on these migrants’ asylum procedures. From 2015–2018, as a standard operating procedure, roughly 1,300 “captains” and navigators – scafisti (literally: smugglers by boat) – of small dinghies with migrants arriving in Italy have been arrested for suspicion of “aiding clandestine (or irregular) immigration”. Most scafisti are migrants themselves and there are strong indications that they were forced to steer or navigate the boat. These prosecuted migrants face many difficulties in proving duress and are often inadequately advised about the consequences of a criminal conviction on their subsequent immigration procedures. After a conviction, as well as after an acquittal, they are often excluded from official reception centres and have difficulties accessing asylum procedures. When they manage to apply for asylum, they will be denied international protection if they have been convicted. When they cannot be expelled, they may end up in a legal limbo, having to rely on a temporary humanitarian status with strict limitations.
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Meringolo, Patrizia. "Juvenile Justice System in Italy. Research and interventions." Universitas Psychologica 11, no. 4 (July 12, 2012): 1092. http://dx.doi.org/10.11144/javeriana.upsy11-4.jjsi.

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This paper talks about the juvenile justice system in Italy. The author describes the interventions done with minors, boys and girls aged from 14 until 18 years, who have committed offenses of the civil or penal code, by the New Code of Criminal Procedure for Minors (1988). The Procedures have had some positive psychological aspects, aimed to avoid detention, thanks to alternative measures and strategies for inclusion, including also the minors living in the South, that are often involved in mafia-crimes. Nonetheless there are more negative psychological issues, because alternative punishments are not often applied to minors that lack social networks, particularly to foreign ones. Three examples of participatory researches will be shown, promoted by the Municipality of Florence, Department of Psychology and Third Sector Associations, aimed to promote psychological and social inclusion of minors (particularly those coming from abroad), with the commitment of active citizenship organizations, with an evaluation of their strengths and weaknesses.
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Scomparin, Laura, and Giovanni Torrente. "Not Citizens, Not Real People. The Italian Way of Governing Immigration through the Criminal Justice System." Revista Española de Investigación Criminológica 18, no. 2 (December 31, 2020): 1–34. http://dx.doi.org/10.46381/reic.v18i2.339.

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The aim of this article is to describe the specious use made of the Italian criminal justice system as a device to manage the demands for security due to the general perception of increased immigration flows in Italy. In particular, the article analyses - in each stage of the penal system from substantive criminal law, through criminal procedure law, to the prison system - the connection between the processes of criminalization and the use of extrajudicial measures to control immigration flows (such as border controls and expulsions). The results suggest that this criminal ‘double track’ (Italian citizens on the one side and migrants on the other) - with the subsequent hyper-incarceration of aliens and their final deportation as a consequence of the breach of either or both administrative and criminal law -is a disguised but deliberate choice of recent Italian legislative policy regarding the justice system.
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Park, Katharine. "The Criminal and the Saintly Body: Autopsy and Dissection in Renaissance Italy*." Renaissance Quarterly 47, no. 1 (1994): 1–33. http://dx.doi.org/10.2307/2863109.

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On the 17th of August 1308 Chiara of Montefalco died in the small Umbrian monastery of which she had been the abbess. Her fellow nuns did not take any steps to preserve her body. Nonetheless, for five days it remained uncorrupted and redolent of the odor of sanctity, despite the blazing summer heat. At that point— not wanting to tempt fate further—the community decided to embalm the precious relic. In the words of Sister Francesca of Montefalco, testifying some years later at Chiara's unsuccessful canonization procedure, “They agreed that [her] body should be preserved on account of her holiness and because God took such pleasure in her body and her heart.” They sent to the town apothecary for “balsam and myrrh and other preservatives,” as the apothecary himself testified, and they proceeded to the next step in contemporary embalming practice, which was evisceration.
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Baumbach, Trine. "The Notion of Criminal Penalty and the Lex Mitior Principle in the Scoppola v. Italy Case." Nordic Journal of International Law 80, no. 2 (2011): 125–42. http://dx.doi.org/10.1163/157181011x565531.

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AbstractIn a ruling of 17 September 2009 the European Court of Human Rights has reinterpreted Article 7 of the European Convention on Human Rights (ECHR). The two most important issues in the Court's judgment are whether a provision of a Code of Criminal Procedure may be categorised as a “penalty” in the sense of Article 7, and whether Article 7 guarantees the lex mitior principle (providing for the applicability of the more lenient law). Focus is particularly placed on the outcome and implications of the Court's reinterpretation of Article 7 ECHR to include the lex mitior principle. Arguably, in the case of Scoppola v. Italy, the Court recognised both parts of the principle (the constitution of the criminal off ence and the imposition of the penalty). This article argues that the lex mitior principle should not have been included in the Convention by interpretation. Furthermore, it demonstrates that reinterpretation of the part of the principle concerning the constitution of the criminal offence is inconsiderate and may lead to inappropriate results.
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Palumbo, Letizia. "Protection of trafficked people in Italy: policies, limits and challenges." Journal of Money Laundering Control 18, no. 1 (January 5, 2015): 52–65. http://dx.doi.org/10.1108/jmlc-01-2014-0001.

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Purpose – The purpose of the article is to analyse the Italian anti-trafficking system by examining its effectiveness in the protection of trafficked people. Design/methodology/approach – The article examines the protection of trafficked people in Italy, focusing in particular on the implementation of Article 18 of the “Consolidated Act of Measures Governing Immigration and Norms on the Condition of Foreign Citizens” (Legislative Decree n. 286/1998), which provides victims with protection and a residence permit independent of their cooperation with the competent authorities in criminal proceedings against offenders. Findings – The article demonstrates that, though the Italian legal framework on trafficking is considered one of the most innovative and advanced, especially in the area of victim protection, a number of inadequacies in its implementation undermine the effectiveness of the measures aimed at protecting trafficked people. These concern the absence of a clear and appropriate victim identification procedure; the lack of adequate training in trafficking among professionals; the incomplete application of a procedure called the “social path” for the issuing of the residence permit; the narrow interpretation by competent authorities of the requirements for the residence permit granted to victims; the long lapse of time for the issuing of the residence permit; difficulties in the conversion of the residency permit granted to victims into a work permit; and the scarcity of economic resources. Originality/value – The article contributes to scientific and political debates on the effectiveness of anti-trafficking policies.
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Dissertations / Theses on the topic "Criminal procedure – Italy"

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Mariat, Kevin. "L'équilibre des pouvoirs dans la phase préparatoire du procès pénal : réflexions françaises à la lumière des droits allemand et italien." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3023.

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La phase préparatoire souffre d’un déséquilibre flagrant causé par un phénomène de diffusion de la contrainte vers l’amont de la procédure. D’où une double translation de pouvoirs : du juge au procureur et du procureur à la police. Le réflexe est alors de compenser ces nouvelles prérogatives des autorités d’enquête par l’octroi de droits aux personnes privées. C’est toutefois confondre les droits des personnes privées et les pouvoirs des acteurs institutionnels.Recentrant la réflexion sur les seuls rapports de pouvoir entre le juge, le parquet et la police, cette thèse propose de s’inspirer des concepts publicistes pour réfléchir à la possibilité d’un véritable équilibre des pouvoirs dans la phase préparatoire du procès pénal.Afin de décloisonner le débat et de relativiser le droit français, la réflexion se nourrit de la comparaison avec les droits allemand et italien, ayant tous deux réformé en profondeur leur phase préparatoire il y a maintenant plusieurs décennies.Les réflexions ici proposées sur l’équilibre des pouvoirs dans la phase préparatoire du procès pénal débouchent sur des interrogations plus vastes quant à l’équilibre général de la procédure
The pretrial process suffers from a blatant imbalance due to a dissemination of coercion toward the procedure’s upstream. Hence a dual translation of powers: from the judge to the prosecutor and from the prosecutor to the police. The reflex is then to compensate these new prerogatives of the investigation authorities by granting rights to private persons. However, this confuses the rights of private persons with the powers of institutional actors. By refocusing the reflection on the power relations between the judge, the prosecutor and the police, this thesis proposes to draw inspiration from publicist concepts to reflect on the possibility of a real balance of powers in the pretrial process of the criminal trial.To relativize French law, the reflection is based on a comparison with German and Italian laws, both having thoroughly reformed their preparatory phase several decades ago. The reflections proposed here on the balance of powers in the pretrial process of the criminal trial lead to broader questions about the overall balance of the procedure
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FRECCERO, Stephen P. "A comparative investigation into the American practice of plea bargaining and the new Italian criminal procedure code." Doctoral thesis, 1993. http://hdl.handle.net/1814/5514.

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Books on the topic "Criminal procedure – Italy"

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Italy and Italy. Codice di procedura penale. 8th ed. Torino: G. Giappichelli, 2010.

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Italy. Codice di procedura penale. 6th ed. Torino: G. Giappichelli, 2008.

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Italy. Codice di procedura penale. 4th ed. Torino: G. Giappichelli, 2005.

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Italy. Codice di procedura penale commentato. 2nd ed. Milano: IPSOA, 2001.

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Italy. Codice di procedura penale commentato. 3rd ed. [Milano]: IPSOA, 2007.

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Italy. Codice penale e di procedura penale. Milano: Pirola, 1988.

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Italy. Codice penale e di procedura penale. 2nd ed. Milano: Pirola, 1990.

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editor, Gialuz Mitja, Lupária Luca editor, and Scarpa Federica editor, eds. The Italian code of criminal procedure: Critical essays and English translation. [Roma?]: Wolters Kluwer Italia, 2014.

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Medieval public justice. Washington, D.C: Catholic University of America Press, 2012.

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Giorgio, Lattanzi, and Aprati Roberta, eds. Codice di procedura penale: Annotato con la giurisprudenza. 7th ed. Milano: Giuffrè, 2009.

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Book chapters on the topic "Criminal procedure – Italy"

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Gialuz, Mitja. "The Implementation of the Directive on Linguistic Assistance in Italy, Between Changes to the Code of Criminal Procedure and Case-Law Resistance." In EU Criminal Justice, 27–41. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-97319-7_2.

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"3. Civil and Criminal Procedure." In Jurists and Jurisprudence in Medieval Italy, 253–396. University of Toronto Press, 2020. http://dx.doi.org/10.3138/9781487536336-008.

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"Criminal interrogation in Italy: Legal procedures and practices." In International Developments and Practices in Investigative Interviewing and Interrogation, 180–88. Routledge, 2017. http://dx.doi.org/10.4324/9781315769677-24.

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Conference papers on the topic "Criminal procedure – Italy"

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Galli, Elisabetta. "THE SETTING-UP OF THE DNA DATABASE IN ITALY: CRIMINAL AND PROCEDURAL FINDINGS." In 5th International Multidisciplinary Scientific Conferences on SOCIAL SCIENCES and ARTS SGEM2018. STEF92 Technology, 2018. http://dx.doi.org/10.5593/sgemsocial2018/1.2/s02.116.

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Petrović, Dragana. "TRANSPLANTACIJA ORGANA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.587p.

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Even the mere mention of "transplantation of human body parts" is reason enough to deal with this topic for who knows how many times. Quite simply, we need to discuss the topics discussed from time to time !? Let's get down to explaining some of the "hot" life issues that arise in connection with them. To, perhaps, determine ourselves in a different way according to the existing solutions ... to understand what a strong dynamic has gripped the world we live in, colored our attitudes with a different color, influenced our thoughts about life, its values, altruism, selflessness, charities. the desire to give up something special without thinking that we will get something in return. Transplantation of human organs and tissues for therapeutic purposes has been practiced since the middle of the last century. She started (of course, in a very primitive way) even in ancient India (even today one method of transplantation is called the "Indian method"), over the 16th century (1551). when the first free transplantation of a part of the nose was performed in Italy, in order to develop it into an irreplaceable medical procedure in order to save and prolong human life. Thousands of pages of professional literature, notes, polemical discussions, atypical medical articles, notes on the margins of read journals or books from philosophy, sociology, criminal literature ... about events of this kind, the representatives of the church also took their position. Understanding our view on this complex and very complicated issue requires that more attention be paid to certain solutions on the international scene, especially where there are certain permeations (some agreement but also differences). It's always good to hear a second opinion, because it puts you to think. That is why, in the considerations that follow, we have tried (somewhat more broadly) to answer some of the many and varied questions in which these touch, but often diverge, both from the point of view of the right regulations and from the point of view of medical and judicial practice. times from the perspective of some EU member states (Germany, Poland, presenting the position of the Catholic Church) on the one hand, and in the perspective of other moral, spiritual, cultural and other values - India and Iraq, on the other.
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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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