Journal articles on the topic 'Criminal procedure – Italy'
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1
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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Fratama, Rezky Abdi. "JALUR KHUSUS (PLEA BARGAINING) DALAM HUKUM ACARA PIDANA." Badamai Law Journal 5, no. 2 (October 5, 2021): 230. http://dx.doi.org/10.32801/damai.v5i2.10755.
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Apart from analyzing, this research aims to know whether the concept of Jalur Khusus (Plea Bargaining) in settlement of criminal cases matches the legality Principle. Moreover, the research aimed to analyze how the legal arrangement of Jalur Khusus (Plea Bargaining) is in criminal procedural law in future. The used research method is normative legal research that focuses on exploring whether the concept of Jalur Khusus (Plea Bargaining) in settlement of criminal cases matches the legality. The second focus is to explore how the legal arrangement of Jalur Khusus (Plea Bargaining) is in criminal procedural law for the future. This research uses the approach of legislation (Statute Approach), primarily Law No. 8 of 1981 on the Criminal Procedure code, along with all its implementing regulations and other relevant legislation, conceptual approach (Conceptual Approach), especially about the special pathways (Plea Bargaining), and comparative approach (Comparative Approach) specifically the arrangement of plea bargaining in other countries such as the United States, Canada, United Kingdom, France, Georgia, Poland and Italy. The research results, namely the Jalur Khusus (Plea Bargaining) concept in settlement of criminal cases, are not appropriate or contrary to the Legality Principle. The reason is the system of proof, and formal truth will be hindered. According to an article in 3 KUHAP, it is already explicitly mentioned that the judiciary is carried out in the way stipulated in the law a quo. The legal arrangement of the concept of "Jalur Khusus" in the Criminal Procedural Law for the future in accordance with the context of the criminal justice system in Indonesia. Also, following the Principle of simple justice quickly and lightly costs are clarifying the negotiating parties in a special line, things negotiated in a special line, adding regulation of stages in a special path, criminal acts that can use special channels, and the form of agreement and binding power in jalur khusus.
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Shtefan, Olena. "Judicial protection of trademarks in Italy." Theory and Practice of Intellectual Property, no. 4 (October 19, 2022): 67–78. http://dx.doi.org/10.33731/42022.265864.
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Keywords: trademark, civil litigation, judicial examination, judicial expert, court order, legal proceedings, piracy, counterfeiting
The article analyses the system of judicial protection of trademark rights on the example of Italy. The main focus is on the judicial procedures provided for by the Italian civil procedural law in the event of an appeal to the court for the protection of the rights of interested persons. Jurisdiction for consideration of cases related to the protection of trademark rights, as well as cases related to unfair competition, is defined. The examination is also carried out by specialized chambers of intellectual property in general courts that consider civil and criminal cases (first and second instance). The legislation distinguishes between two types of legal grounds for lawsuits: violation of the rights of the plaintiff (owner of the trademark certificate)and recognition of the trademark certificate as invalid. The types of decisions that can be made by the court are analysed. First, the court can decide on «descrizione», according to which the plaintiff, with the participation of a bailiff and an expert, can examine and draw up a detailed description of the goods and/or production methods that infringe his rights. The purpose of this procedure is to officially record the violation of the plaintiff's rights. Secondly, the court can may decide to impose a sequestration on the defendant's property. Sequestration is carried out by a bailiff. In some cases, the plaintiff may participate in order to correctly identify the goods subject to seizure. The court may decide on the application of sequestration in the presence of a real threat and the possibility of causing irreversible damage to the plaintiff.Thirdly, the court may issue a decision imposing a ban on the infringer's activities related to the production, distribution, marketing, promotion and sale of counterfeit goods. When deciding on the above-mentioned grounds, the court can provide for the collection of a certain monetary fine from the defendant.The conclusion is formulated that the system of judicial protection of the rights of trademark owners in Italy is characterized by a balance of interests between the owners of trademark certificates, state and public interests. The court that examines this category of cases takes a fairly balanced approach to the application of certain sanctions, considering all the specifics of intellectual property rights, the interests of business entities and the damage caused by violations.
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Pivetti, Monica, Antonella Caggiano, Filippo Cieri, Silvia Di Battista, and Chiara Berti. "Support for the Forensic DNA Database and Public Safety Concerns: An Exploratory Study." Open Psychology Journal 10, no. 1 (July 27, 2017): 104–17. http://dx.doi.org/10.2174/1874350101710010104.
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Background: Over the past few decades, 32 European countries have introduced a national DNA database containing samples and/or profiles from suspected/convicted criminal offenders and biological materials from crime scenes. However, only a few studies have empirically investigated opinions on such a practice and the psychosocial factors possibly predicting public support or opposition. Objective: This study aims to preliminarily explore public support for a national DNA database in Italy. In particular, the role played by psychosocial factors, such as concern over individual rights vs. public safety, as well as genetic and juridical/legal literacy in the public’s acceptance of a forensic DNA database, was investigated. Method: Within a correlational study, a written questionnaire was administered to a sample (N = 242) of university students. Results: Participants generally showed support for a forensic DNA database. Concerns over public safety predicted the acceptance of a DNA database, with those valuing public safety being more supportive of its implementation, whereas no role was played by familiarity with the fundamental mechanisms of genetics and with the Italian Criminal Code and Criminal Procedure Code. Conclusion: Empirical research on this issue could provide policymakers and the police force with a better picture of the psychosocial factors underlying public support for the DNA database.
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Radzinowicz, Leon. "Penal Regressions." Cambridge Law Journal 50, no. 3 (November 1991): 422–44. http://dx.doi.org/10.1017/s0008197300016172.
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Baron Raffaele Garofalo's memorable treatise Criminology ends (almost as an afterthought) with an Appendix entitled “Outline of Principles Suggested as a Basis for an International Penal Code”. In barely twelve pages he formulates: principles of criminal liability; an enumeration of categories of offenders; a system of penalties to be adopted to combat crime; and some basic rules of procedure for bringing offenders to justice. Garofalo was not a cranky, lofty or flamboyant idealist. Together with Cesare Lombroso and Enrico Ferri he was the founder of the famous Positivist School of Criminology launched in Italy towards the end of the nineteenth century. He was a High Court Judge, a tough realist with a sharp and incisive mind. Staunch traditional conservative that he was, he might instead have been expected to advocate that each nation should be free to express its unique individuality through its own distinctive legal and penal edifice.
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Tonolo, Sara. "Adoption v. Surrogacy: New Perspectives on the Parental Projects of Same-Sex Couples." Italian Review of International and Comparative Law 1, no. 1 (October 15, 2021): 132–45. http://dx.doi.org/10.1163/27725650-01010007.
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Abstract In Italy all forms of surrogacy are forbidden, whether it be traditional or gestational, commercial or altruistic. Act n. 40 of 19/2/2004, entitled “Rules about medically-assisted reproduction”, introduces a prohibition on employing gametes from donors, and specifically incriminates not only intermediary agencies and clinics practising surrogacy, but also the intended parents and the surrogate mother too. Other penal consequences are provided by the Criminal Code about the registration of a birth certificate where parents are the intended ones, as provided by the lex loci actus (art. 567 of the Italian Criminal Code, concerning the false representation or concealment of status). Apart from the mentioned criminal problems, several aspects of private international law are involved. In the cases where national rules forbid the transcription of birth certificates for public policy reasons, specifically the prohibition of surrogacy, Italian Judges often seek solutions to enforce the status filiationis. In this case, the Italian Supreme Court intervenes in the debate, allowing the recognition of a foreign adoption order related to a procedure of surrogate motherhood in favour of a same-sex couple. Focusing on the recent evolution of the notion of international public policy the Supreme Court affirms that the inherent adoptive parental status acquired by a homogenitorial couple is not contrary to international public policy, when the effects of the act from which this status derives are not incompatible with the limits that cannot be exceeded constituted by the founding principles of the relational choices between intended parents and child (Article 2 of the Constitution, Article 8 ECHR), by the Best interest of the child as codified in the Italian Law 219/2012, by the principle of non-discrimination, by the principle of solidarity that is the basis of social parenting. Splitting the problem of the surrogacy, underlying the adoption order to recognize in this case, and narrowing the public policy exception, is highly evident the risk to suggest to same-sex couples to realize their parental projects putting in place the surrogacy within the legal systems where contemporary it is possible to carry out the adoption of the child born as a result of this procedure.
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Гирько, С. И., С. В. Харченко, А. А. Долгополов, and А. М. Камбаров. "Russian accelerated inquiry: modern metamorphoses of the procedural form." Penitentiary Science, no. 3(59) (September 30, 2022): 274–84. http://dx.doi.org/10.46741/2686-9764.2022.59.3.005.
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Введение: в последнее время поиск ускоренных и упрощенных форм досудебного производства как в России, так и за рубежом является проявлением тенденции гуманизации уголовного процесса. Однако анализ позиций ученых-процессуалистов в научной литературе, рассмотренный через призму международных стандартов полицейского дознания, не дает окончательного ответа о целесообразности проведения дознания в сокращенной форме. Cтавя цель исследования, авторы связывают современное состояние эффективности ускоренного дознания с определением способов оптимизации организации расследования преступлений и решением ряда проблем дифференциации процессуальной формы производства дознания. Методологическую базу исследования составила следующая совокупность теоретических и эмпирических методов научного познания действительности: теоретические познания основывались на анализе научных источников и размышлении авторов на тему законодательного регулирования ускоренной формы дознания, а эмпиризм выводился из практики применения данной формы. Обсуждение: авторами исследования оценена продолжающаяся в отечественной научной литературе дискуссия по проблеме восприятия дознания в ускоренной форме как самостоятельной процессуальной формы, введенной в российский уголовный процесс. Рассмотрено развитие гибридных моделей уголовного правосудия в двух континентальных юрисдикциях (на примере Франции и Италии). В странах англосаксонской правовой системы, таких как США, Великобритания, Австралия, упрощенная процедура, как правило, связана с заключением сделки с правосудием на стадиях и расследования, и судопроизводства. В государствах – участниках СНГ (Казахстан, Беларусь, Молдова) был избран подход к ускоренной форме досудебного производства, позволяющий только сократить его срок. Вывод: решение проблемы авторы видят в приведении отечественных практик в соответствие с международными стандартами процедур полицейского дознания. Исследование показало, что, несмотря на дискуссии ученых, модель ускоренного дознания, введенная в УПК РФ, в целом соответствует предъявляемым требованиям, а организационные меры МВД России позволят распространить эту практику. Результаты исследования расширяют знания о закрепленной в УПК РФ унифицированной процедуре и способствуют ее дальнейшему совершенствованию. Introduction: recently, the search for accelerated and simplified pre-trial proceedings both in Russia and abroad is a manifestation of the trend to humanize the criminal process. However, the analysis of the stance of procedural law scholars in the scientific literature considered through the prism of international standards of police inquiry does reveal the expediency of conducting an abbreviated inquiry. Defining the purpose of the research presented in the article, the authors link the current state of the accelerated inquiry efficiency with the definition of ways to optimize organization of crime investigation and solve a number of problems to differentiate the procedural form of inquiry. The following set of theoretical and empirical methods of scientific cognition of reality comprises the methodological basis of the research. Theoretical knowledge is based on the analysis of scientific sources and the authors’ reflection on the topic of legislative regulation of an accelerated inquiry; empiricism is derived from the practice of using this form. Discussion: the authors of the study evaluate the ongoing discussion in the Russian scientific literature on the problem to consider an accelerated inquiry as an independent procedural form introduced into the Russian criminal process. Development of hybrid models of criminal justice in two continental jurisdictions (on the example of France and Italy) is considered. In the countries of the Anglo-Saxon legal system, such as the USA, Great Britain, Australia, a simplified procedure is usually associated with the conclusion of a plea bargain both at the stage of investigation and legal proceedings. The CIS member states’ (Kazakhstan, Belarus, Moldova) approach to accelerated pre-trial proceedings only shortens its term. Conclusion: the authors see the solution to the existing problem in bringing domestic practices in line with international standards of police investigation procedures. The study shows that despite discussions of scientists, the accelerated inquiry model introduced in the Criminal Procedural Code of the Russian Federation, in general, meets the requirements, and organizational measures of the Ministry of Internal Affairs of Russia will allow to spread this practice. The results of the study expand knowledge about the unified procedure enshrined in the Criminal Procedural Code of the Russian Federation and contribute to its further improvement.
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Balvardi, Keyvan Daryabeigi. "The Judicial Approaches of States’ Executive Immunity and Some Examples of Its." Journal of Politics and Law 10, no. 3 (June 1, 2017): 165. http://dx.doi.org/10.5539/jpl.v10n3p165.
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Executive immunity means that the criminal court sentence (decision) against a natural person as representative of foreign government resident, is no longer applicable in the another country. This type of immunity other than that in terms of government power in run is faced with different approaches is accepted by public and philosophy of its existence is good performance of diplomatic missions and compliance with the general principle of the sovereignty of states, based on which no government should be tried by another state or another state’s laws applied to him. The most important judicial approaches include the approach based on pure state immunity and its property, the approach based on accepting limit of executive immunity of foreign government, assimilation -based approach of competency and execution stages. By examining judgmental procedure of juridical courts of countries such as Turkey, Italy, Switzerland, Belgium and Iran, we conclude that most of the juridical immunity of states has been respected and immunity isn’t limited to acts of state and does not include the tenure acts and immunity is not related to business operations. In some cases, a double dealing with the issue of immunity from government and independent international organizations is seen.
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Petrucci, Emiliano, Alessandro Vittori, Marco Cascella, Alessandro Vergallo, Gilberto Fiore, Antonio Luciani, Barbara Pizzi, Giulia Degan, Vittorio Fineschi, and Franco Marinangeli. "Litigation in Anesthesia and Intensive Care Units: An Italian Retrospective Study." Healthcare 9, no. 8 (August 7, 2021): 1012. http://dx.doi.org/10.3390/healthcare9081012.
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Anesthesiologists consider professional insurance and its medico-legal problems as a remarkable aspect of their job. “Associazione Anestesisti Rianimatori Ospedalieri Italiani—Emergenza ed Area Critica” (AAROI-EMAC) is the Italian professional association of anesthesiologists and intensivists that works to train its subscribers on safety measures. This is a retrospective observational study on an insurance complaints database for anesthetic accidents that result in injuries to patients. The analyzed period runs from 1 January 2014 to 31 December 2016. A total of 1309 complaints related to 873 insurance claims were analyzed. Criminal complaints comprised 805 (64.4%) of the total, and civil complaints were 445 (35.6%). The iatrogenic damage claimed included: death (58% of the cases); peripheral nerve damage (8%); spinal cord injuries (5%); unspecified injuries (7%); dental damage (4%); infections (3%); needing second surgical procedure (2%); and other injuries (13%). There is a statistical significance between the size of the hospital and the number of the claims: small hospital complaints comprised 40.1% of the cases, while complaints against medium-sized and large hospitals constituted 20.6% of the cases (χ2GL = 8 = 39.87, p = 0.00). In Italy, anesthesiologists and intensivists are often involved in litigation even when they are not directly responsible for iatrogenic injuries, and the most frequent claims in ICU are related post-operative complications.
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Rico, José M. "L’indemnisation des victimes d’actes criminels." Acta Criminologica 1, no. 1 (January 19, 2006): 261–311. http://dx.doi.org/10.7202/017003ar.
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Abstract COMPENSATION TO VICTIMS OF CRIMINAL OFFENCES The system of composition, which was developed during the Middle Ages, especially under Germanic penal law, represents not only an abatement of the system of collective vengeance characteristic of this era, but also the first step towards the principle of compensation to victims of criminal offences. With the development and consolidation of a strong central power, the State asked for a share of these transactions either in the form of sanction or as a price for its intervention. W^hen at last the central government obtained the full and exclusive right to inflict punishment and when private justice gave way to public justice, the State's share of compensation increased progressively and took the form of fines, while the victim's share gradually diminished and withdrew little by little from the penal system to become civil compensation for damages. Nevertheless, the total separation between public action, whose aim is to ensure punishment, and civil action, whose main object is to secure compensation to the victim, did not materialize until very recently. This principle of total separation, which was adopted by the classical school of criminal law, resulted in a complete overlooking of the victim's right to compensation, in daily legal practice. New solutions were therefore proposed to remedy this deficiency in the penal systems, the most original and daring being those to be found in the Spanish Penal Codes of 1822 and 1848 which compel the State to compensate victims of criminal offences when the wrong-doers or other responsible persons are unable to do so. This idea of compensation by the State to victims of crime, although taken lip and elaborated several years later by Bentham and the Italian Positivist School, had absolutely no repercussions as far as practice was concerned. It was only in the second half of the XXth Century that an Englishwoman, Margaret Fry, drew the attention to this problem. Inspired by her compatriot Bentham, Margaret Fry proclaimed that compensation for harm caused to victims of criminal violence should be assumed by the State. This was the starting point of a considerable development in the study of compensation to the victim. During the last ten years, not only were many papers and conferences devoted to the subject, but also many legislations adopted the progressive solution of conferring upon the State the task of compensating the victim of criminal offences. In most contemporary penal legislations, the dissociation between public and civil action has resulted in relegating the subject of compensation solely to the civil domain. A certain number of penal systems (France, Belgium, Germany, etc.), while accepting in principle the civil character of this matter, nevertheless offer the injured party the possibility of bringing his action for damages before criminal courts. A last group of systems (Spain, Italy, Switzerland) treat this problem within the framework of the criminal code, although in most cases they do nothing but repeat analogous paragraphs of the civil code. Upon examining these different methods of coping with the problem of compensating the victim for damages caused by criminal violence, we find that certain reforms were put into effect but that they chiefly hinge upon one preliminary question ~— the means available to the victim for bringing his case before the criminal courts and of engaging in the criminal procedure, to obtain recognition of his rights by the Court. However, it often happens that once the sentence has been passed, the victim is obliged to act on his own to recover the sum of the indemnity. Modern penal law, progressive and innovating as it is in certain respects, often neglects the victim of crime. Certain solutions were proposed and even introduced into positive penal legislations, in view of securing for the injured party, as much as possible, the recovery of the compensation decided upon by the courts in his favour, especially in cases where the offender is destitute. Among such solutions, one should stress legal solidarity between co-delinquents, priority accorded to the compensation debt, accessory imprisonment, compulsory work in prison and in liberty, compulsory insurance and the creation of a compensation fund. Similar proposals tend to consider compensation to the victim as an indispensable condition for the obtainment of certain privileges (pardon, parole, probation, legal rehabilitation, etc.). Due to the insufficiency of the classical systems and of the solutions destinated to secure compensation of the victim by the offender, one again began to wonder whether the State should not undertake the charge of repairing damages caused by crime. The main argument offered in favour of this system is the State's failure in preventing crime and in protecting its citiiens against felonious acts. Despite the numerous criticisms concerning the essentially judicial composition of the courts in charge of the application of the system as well as of the procedure to be followed, the infractions to be compensated, the amount to be paid and the total cost of the system, some countries have recognized the right of the victim to be compensated and consequently adopted measures to enforce this principle (New Zealand, 1963; Great Britain, 1964; States of California and New York, 1966; the Canadian province of Saskatchewan, 1967).
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Palmisano, Giuseppe. "Trattamento dei migranti clandestini e rispetto degli obblighi internazionali sui diritti umani." DIRITTI UMANI E DIRITTO INTERNAZIONALE, no. 3 (December 2009): 509–39. http://dx.doi.org/10.3280/dudi2009-003005.
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- The legislative and operational measures recently adopted by Italy in order to prevent and repress clandestine immigration raise the problem of their consistency with Italy's international obligations conncerning the protection of human rights. With a view to assessing the actual terms of such a problem, contents and extent of the protection to be afforded to irregular migrants, under the international law of human rights, must be preliminarily determined. Considering the specific legal situation of Italy, in the light of its participation both to the European Convention of Human Rights and to the International Covenants on Human Rights, as well as to many other conventions dealing with the protection of human rights, it clearly turns out that Italy is internationally bound to respect and protect a number of basic rights of irregular migrants. Such rights include, at the very least, the right to life, the right not to be subjected to torture (or to cruel, inhuman, or degrading treatment), and the right not to be subjected to arbitrary arrest or detention. Respect for such rights also implies an absolute non-refoulement obligation, that is an obligation not to expel or return an irregular migrant to another State where there is an actual risk that his or her rights would be violated. Moreover, basic rights of clandestine immigrants include the right to family unity, the right not to be subjected to collective expulsion, and (closely linked with this latter right) the right to a fair and transparent procedure of expulsion or repatriation, implying a reasonable and objective examination of the particular case of each individual. Turning to economic, social and cultural rights, an internationally lawful treatment of irregular migrants requires compliance with international obligations protecting the right to health and medical care, the right to primary education, and some core labour rights. The principle of non discrimination plays obviously a crucial role in view of correctly implementing all these international obligations with respect to the specific situation of irregulars migrants. Lastly, special and stronger human rights protection is required when the irregular migrants are children, or victims of trafficking in persons. In the light of the international human rights obligations which are applicable to the peculiar situation of irregular migrants, some of the legislative and operational measures adopted by Italy to struggle against clandestine immigration seem indeed to be inconsistent not only with such obligations (and with the increasing international trend towards the "non criminalization" of clandestine immigrants by reason of their irregular position), but also - at least in part - with the EU legal standards provided for by the recent 2008/115/EC Directive on common standards and procedures for returning illegally staying third-country nationals. This seems to be true, for example, with regard both to the new Article 10 bis inserted in the Legislative Decree n. 286 on immigration, introducing the crime of clandestine immigration, and to the new paragraph 11 bis of Art. 61 of the Criminal Code, introducing a general aggravating circumstance consisting in the irregular status of the immigrant author of a crime. But this seems particularly true and blameworthy with regard to the practice of intercepting crumbling boats full of migrants on the high seas and coercively driving them back to Libya.
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di Bella, Enrico, Matteo Corsi, Lucia Leporatti, and Luca Persico. "The spatial configuration of urban crime environments and statistical modeling." Environment and Planning B: Urban Analytics and City Science 44, no. 4 (December 29, 2015): 647–67. http://dx.doi.org/10.1177/0265813515624686.
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The aim of this paper is to discuss the representation of space in statistical models of urban crime. We argue that some important information represented by the properties of space is either lost or hardly interpretable if those properties are not explicitly introduced in the model as regressors. We illustrate the issue commenting on the shortcomings of the two standard approaches to modeling the dispersion of crime in a city: using local attributes of places as regressors, and defining a catch-all spatial component to neutralize the effect of latent spatial factors from the model. As an alternative to the current methods, the metrics of spatial configuration, including those devised by the technique called Space Syntax Analysis, provide useful variables that can be introduced as regressors. Such regressors offer interpretable information on space, behavior, and their interactions, that would otherwise be lost. We therefore consider a set of three configurational variables that represent different forms of centrality and that are thought to have influence on a wide range of human activities. We propose an innovative procedure to adapt these variables to most urban graphs and then, using data from a large area in the city of Genoa (Italy), we show that the three variables are well defined, consistent, noncollinear indicators, with evident spatial meanings. Then we build two sets of Hierarchical Bayesian count models of different urban crime types (“property crime” and “arson and criminal damage”) around some known covariates of crime and we show that the overall quality of the models is improved (with the size of improvement depending on the type of crime) when the three configurational variables are included. Furthermore, we show that what the three variables explain of the overall variability of crime is a sizeable part of what would be the spatial error term of a traditional spatial model of urban crime. While the configurational variables alone cannot provide a goodness of fit as high as the one obtained with a generic spatial term, they have a relevant role for the interpretation of the results, which is ultimately the objective of urban crime modeling.
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Kuznetsova, S. S. "Topical issues of the realization and protection of human rights in the practice of smart contract technology application." Law Enforcement Review 6, no. 1 (March 24, 2022): 134–49. http://dx.doi.org/10.52468/2542-1514.2022.6(1).134-149.
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The subject and the aim of the study. The article analyzes the approach to smart contract technology, which is reflected in the scientific literature and legislation of Russia and foreign countries, formulates the advantages and disadvantages of a smart contract that affect the implementation and protection of certain constitutional rights, including freedom of contract, the right to protect, the right to manage personal data.Methodology. Guided by formal dogmatic and comparative law methods in research, the author formulates approaches to the concept of a smart contract that has been developed in the practice of foreign countries and deduces how each of the approaches affects the implementation of constitutional human rights. The paper notes that the use of a smart contract based on the federal blockchain does not allow the full implementation of such rights as freedom of contract, the right to self-defense, and the right to manage personal data. In addition, the transnational nature of smart contracts usage, their pseudonymity and failure to unified concept of legal regulation create obstacles to the effective implementation of the right to judicial protection.The main results. The practice of legal regulation of smart contracts in foreign countries, aimed at minimizing the negative consequences of the use of technology is considered. Some countries follow to the concept of recognizing a smart contract as a form of contract (Italy, United States, Republic of Belarus) and a way of guaranteeing fulfilment of obligations (China, Italy, Republic of Belarus, Russian Federation). The second concept is considered as being the most restrictive for digital progress from one side but being able to guarantee protection of human rights such as right to judicial protection or freedom of contract. The first concept which shows smart contract being a type of contract carries additional risks associated with conclusion of a treaty - inconsistency of the smart contract with the actual will of the parties. The third concept considered smart contract as a type of contract is accepted in the Republic of Malta. The Republic of Malta regulated procedure of voluntary certification for smart contracts that allow to eliminate such threats as violation of human rights and the use of smart contracts for criminal purposes. The experience of legal regulation of smart contracts in the Republic of Malta is recognized as reasonable and effective, however, it is concluded that certification will achieve its goals only if it will be implemented in the legal system of wide range of the countries.Conclusions. It is concluded that despite the fact that the smart contract technology has high potential for its implementation in various fields of social and economic life, the effective implementation of smart contract technology in various spheres of society requires the formation of general legal principles for their application, the definition of areas in which the use of smart contracts is prohibited, as well as the development of international standards for their safe execution.
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Quartarone, Valeria, Eva Voslářová, Maria Russo, Petra Doleželová, and Annamaria Passantino. "A comparison of laws preventing unnecessary canine cosmetic surgery in Italy and in the Czech Republic." Acta Veterinaria Brno 81, no. 1 (2012): 83–88. http://dx.doi.org/10.2754/avb201281010083.
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Many invasive procedures, including surgery (ear cropping, tail docking, and debarking in the dog), are performed on dogs for purely cosmetic reasons or convenience. These procedures, also known as “cosmetic surgery”, fall into a variety of categories from the questionably unethical to the undoubtedly criminal, because they are mostly carried out solely to alter a dog’s physical appearance. Although in several European countries these procedures are banned, except when performed by a veterinarian for medical reasons, veterinarians are often requested to perform them for various reasons. Though controversial, canine cosmetic surgery continues to be performed, reaching epidemic proportions. The authors summarize legislation, individual positions and veterinary attitudes regarding cosmetic surgery in Italy and the Czech Republic. Additionally, they explain the ways in which the law is being used in the two countries to prevent these unnecessary procedures, and how current and future anti-cruelty laws can stop unethical use of cosmetic surgery.
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Daly, Yvonne, Anna Pivaty, Diletta Marchesi, and Peggy ter Vrugt. "Human Rights Protections in Drawing Inferences from Criminal Suspects’ Silence." Human Rights Law Review 21, no. 3 (April 1, 2021): 696–723. http://dx.doi.org/10.1093/hrlr/ngab006.
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Abstract This article sheds comparative and contextual light on European and international human rights debates around the privilege against self-incrimination and the right to silence. It does so through an examination of adverse inferences from criminal suspect’s silence in three European jurisdictions with differing procedural traditions: Ireland, Italy and the Netherlands. The article highlights the manner in which adverse inferences have come to be drawn at trial in the three jurisdictions, despite the existence of both European and domestic legal protections for the right to silence. It also explores differing approaches to the practical operation of inference-drawing procedures, including threshold requirements, varying evidential uses of silence and procedural safeguards. The authors argue that human rights’ standard-setting institutions ought to provide clarity on the conditions under which adverse inferences may be tolerated, including the purpose(s) for which inferences may be used, and the necessary surrounding safeguards.
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Albano, Gian Luigi, and Maria Grazia Santocchia. "A case study on bid rigging in centralized procurement of audit consulting services in Italy." Journal of Public Procurement 22, no. 2 (March 17, 2022): 145–63. http://dx.doi.org/10.1108/jopp-08-2021-0050.
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Purpose The aim of this case study is to review the in-depth (and successful) investigation carried out in 2016 by the Italian Competition Authority [Autorità Garante della Concorrenza e del Mercato (AGCM)] on a nation-wide (multi-lot) framework agreement for consulting services. We also critically assess the tender design and emphasize which dimensions may have facilitated the uncovered anticompetitive agreement. Design/methodology/approach The case study borrows from the official Antitrust Authorities’ findings and from the tender documents to paint a comprehensive picture of the cartel’s strategy. Findings The case study emphasizes that AGCM’s the “conjectured logic” of the cartel’s behaviour (endogenous evidence) did coincide with those pieces of evidence seized by police forces for criminal crimes at the cartel members’ premises (exogeneous evidence). This infrequent feature of bidding rings investigations underlines the importance of theoretical as well as practical analyses of cartels’ behaviour in public procurement markets. Social implications As the antitrust investigation was triggered by a confidential report sent by the awarding authority (Consip, the Italian national central purchasing body), the case study also emphasizes the importance of informal as well as formal co-operation between awarding authorities, especially central purchasing bodies, and competition authorities. Originality/value The case study belongs to a small set of applied research papers attempting at building a bridge between public procurement design, particularly of sizeable framework agreements, and the mechanisms devised by cartels to “game” procurement procedures. All this is accomplished by looking at all design dimensions that were exploited by cartel’s members.
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Janjić, Miroslav. "Relationship Between the Police and the Prosecutor’s Office in Individual European Countries." Годишњак факултета правних наука - АПЕИРОН 11, no. 11 (September 21, 2021). http://dx.doi.org/10.7251/gfp2111200m.
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One of the main characteristics of the investigation in Germany is that the public prosecutor is in charge of investigation and the role of the police mainly depends on whether and to what extent the public prosecutor will entrust them with undertaking investigative actions. France has retained the division into inquests and investigation, as well as a powerful investigative judge. When a formal investigation is optional (it is obligatory only in the event of crimes) and is not conducted, inquests are the only form of preliminary proceedings. Preliminary investigations (inquests) are conducted by the judicial police, at the request of a public prosecutor or ex officio. The Criminal Procedure Code of the Republic of Italy, which was adopted in 1988 and which came into force in 1989, with its subsequent amendments, is significant, among other things, for introducing the accusatory model of criminal procedure instead of the inquisitorial one included in the Criminal Procedure Code of 1930 that was revoked when the new Criminal Procedure Code came into force.
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"Referring a Case to the Highest Division of the Supreme Court in the Criminal Procedure Legislation of Ukraine and European Countries." Access to Justice in Eastern Europe 4, no. 1 (March 1, 2021): 143–65. http://dx.doi.org/10.33327/ajee-18-4.1-a000050.
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The article aims to examine one of the elements of the formal mechanism of maintaining court practice unity in criminal proceedings of Ukraine and European countries – referring a case to the highest division of the Supreme Court. Similar to the Ukrainian criminal procedure legislation, the grounds for referring a criminal case and the procedure of its application are provided in the legislation of Estonia, Italy and Lithuania. At the same time, the Ukrainian legislator has established a number of special features, however, the wording of the relevant articles of the Criminal Procedure Code of Ukraine is not perfect. The article provides answers to such questions as how forceful the provisions of criminal procedure legislation of Ukraine are, to what extent of effectiveness the Supreme Court exercises its legal authority regarding the unity of court practice in criminal proceedings, and whether the controversies in legal positions of the structural divisions of the Supreme Court have been successfully avoided. In order to achieve the stated aims, parts 2 and 3 are devoted to the examination of the grounds for referring a case in criminal proceedings of Ukraine and European countries. Part 4 outlines the shortcomings of the content of some articles of the Criminal Procedure Code of Ukraine concerning the procedure of the referral of a criminal case to the highest division of the Supreme Court. Part 5 provides the analysis of the validity of decisions made by the boards of judges at the Supreme Court on the referral of criminal proceedings to its higher judicial divisions – the joint chamber of the Criminal Cassation Court and the Grand Chamber of the Supreme Court. On the basis of the study of the judgements of boards, the judicial chambers of the Criminal Cassation Court and the Grand Chamber of the Supreme Court, in part 6 the question is answered on whether the Supreme Court of Ukraine managed to perform its duty on the assurance of court practice unity in such an area as criminal proceedings. Keywords: exclusive legal problem, development of law, formation of uniform law enforcement practice, the Supreme Court, criminal proceedings, Ukraine.
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Bosinceanu, Daniel Constantin. "BRIEF CONSIDERATIONS REGARDING THE RESPECT FOR THE RIGHT OF DEFENCE OF THE ACCUSED PERSON DURING CRIMINAL PROSECUTION, IN THE LIGHT OF THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS. CASE STUDY." International Journal of Legal and Social Order 1, no. 1 (December 30, 2021). http://dx.doi.org/10.55516/ijlso.v1i1.43.
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By the entry into force of the current Code of Criminal Procedure on 01.02.2014, the national legislator aimed to create a clear, accessible and predictable judicial system for all participants involved in a criminal proceeding, but also to place this system on the pillars of new principles in order to precisely respect human rights and fundamental freedoms.
Its objectives have been specifically set out from the very preliminary theses of the adoption of the Code of Criminal Procedure, among which we mention that of establishing an appropriate balance between the requirements for an effective criminal proceeding and respect for the fundamental human rights of all participants in a criminal trial.
This was a pressing need, because Romania ratified the European Convention on Human Rights (hereinafter E.C.H.R.) on 20.06.1994, introducing the obligation to respect it by the national judicial bodies, an aspect subsequently transposed into the internal legislation by adopting Article 20 of the Constitution (amended in 2003), as well as by introducing Article 1 (2) of the current Code of Criminal Procedure.
Although the role of the European Court of Human Rights (hereinafter E.Ct.H.R.) is not defined by a court of judicial review of the decisions adopted by the national courts, not being able to modify or abolish them, it plays a subsidiary role to the national judicial systems which subsequently must verify the compatibility of internal legislation with the mandatory requirements of the European Court.
From the content of the File on Romania, drawn up by the Strasbourg Court Registry, published in January 2021, as well as of its Report for 2020, both published on the website of this institution, it results that between 1997 (the date of the first conviction against Romania) and December 2020, a number of 1578 judgments and decisions passed against our country, and this ranks it in the top four member countries, after Turkey (convicted in 3742 cases), Russia (convicted in 2884 cases) and Italy (convicted in 2424 cases). Statistics also show that, after Romania, there are Ukraine (convicted in 1499 cases), Poland (convicted in 1197 cases), France (convicted in 1048 cases), Bulgaria (convicted in 737 cases) and Moldova (convicted in 473 cases).
At the end of 2020, our country was convicted in 82 cases by E.Ct.H.R., and an analysis of the violated fundamental rights shows that the most common is the right to a fair trial provided for in Article 6 of E.C.H.R. (in 82 cases) which includes the right of defence of the person accused of having committed a criminal offence in its content.
In accordance with Article 6 (2) and (3) from E.C.H.R.: “Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law... Everyone charged with a criminal offence has the following minimum rights: to be promptly informed of the nature and cause of the accusation against him in a language which he understands and in detail...; to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require...”
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Glukhov, E. A. "Administration by Giving Verbal Orders from the Perspective of Military Legal Relations." Prologue: Law Journal, no. 2 (2022). http://dx.doi.org/10.21639/2313-6715.2022.2.10.
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The article analyzes norms of domestic and foreign military legislation concerning the procedure of execution of the order by military personnel. The article explores cases when the implementing of those orders can be harmful to the interests that are protected by law. The author distinguishes the differences of the order for the military personnel and civil officer; it is pointed out for whom the order is obligatory and who has the right to appeal and who will be liable for failure to execute the order. On one hand, the author emphasizes the inability for the military personnel to evade the execution of the order under the threat of legal sanctions; on the other hand, the article shows the possibility to execute an order as the form of complicity in a crime. The author cites typical examples of military officers’ orders that could lead to committing of crimes or to criminal prosecution of the executor. The author examines the orders that contradicts the norms of morality. The article explores the experience of evaluating military orders from the point of view of the military personnel in some foreign countries (for instance, in the USA, Germany, Italy, Slovakia, Singapore). The author analyzes reasons and conditions of non-critical and even thoughtless attitude of the military personnel to any given orders. On the grounds of the found contradictions, the suggestions are expressed to try and make the Russian legislation more perfect by providing the military personnel with the ability to assess all given orders and see if they correlate with the law and the norms of morality. In the peacetime, the military personnel should have to right to inquire written orders if they are doubtful in the legal grounds of any give verbal order.
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Dewey, Susan, Isabel Crowhurst, Tiantian Zheng, and Thaddeus Blanchette. "Control creep and the multiple exclusions faced by women in low-autonomy sex industry sectors." Vibrant: Virtual Brazilian Anthropology 17 (2020). http://dx.doi.org/10.1590/1809-43412020v17d457.
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Abstract This article unites the co-authors’ years of empirical research with women in policed, stigmatized, and low-autonomy sex industry sectors in Brazil, China, Italy, and the United States to identify six prevalent forms of exclusion: economic, intersectional, health, safety, public vilification, and policing. We analyze the distinct manifestations of these exclusionary forces in all four sites to introduce criminal creep as theoretical shorthand for the global seepage of ideological, structural, and interpersonal exclusionary forces into social life, professional practice, and socio-legal procedures that marginalize women in the sex industry as victim-criminals in need of rehabilitation. Uniting and building upon literature on feminist engagement with and critiques of citizenship, conceptual uses of “creep”, carcerality and crimmigration, and critical anti-trafficking studies, we argue that criminal creep facilitates a perfect storm of exclusion that promotes sex workers’ de facto and de jure exclusion from citizenship through a set of wide-ranging set of harms. Furthermore, we identify “control creep” as a factor limiting - even radically - the political organization of and social scientific production regarding the vulnerable populations anti-sex work and anti-trafficking laws are supposedly designed to aid.