English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

I can find information on how constitutional courts work, but what how are thieves and murderers tried?

2006-12-03 22:28:40 · 6 answers · asked by big_L 1 in Politics & Government Law & Ethics

6 answers

Since 1988-89 a accusatory system was created in Italy (a prosecutor debated against defendant before a third party judge), but prosecution has YET upper hand (defense investigations were fully permitted only few years ago).
General attorney and his deputies aren't political elected offices, but they are professional employee in same career as judges (indipendence from executive is given to judges and prosecutors).
There is no real jury. Something of similar is Corte d'Assise (that tries about most serious crimes) , but the "jury" isn't a body aside from sitting justices: both 2 professional trained judge and jurors FORM one body that decides the case (no distinction between verdict and sentence).
Criminal court/judge are:
- giudice di pace (justice of peace) for petty crimes
- Tribunale (most cases are decided by only one judge; others by a 3 judge panel)
- Corte d'Assise (as above)
One prosecutor of Public Attorney Office (Procura della Repubblica) is in charge of investigations; after that, he can ask to Investigation Judge (Giudice per le Indagini Preliminari, GIP) for closing case or he can indict formaly defendant. There are special and faster proceedings in special case (and also a sort of limited plea bargaining).
A defendant (but not prosecutor) can file an appeal to a Corte d'Appello (or to Tribunale, if against a Giudice di Pace decision).
Prosecutor can file a petion for review in Corte di Cassazione (something between a last appeal court and a supreme court), but only on the basis of certain issues (but nothing of similar to writs of certiorari).
So defendant against a Corte d'Appello sentence.

There special Tribunals for military crimes by italian forces (both prerequisites are to be fullfilled).

2006-12-07 10:16:24 · answer #1 · answered by ? 7 · 0 0

1

2016-06-03 04:58:55 · answer #2 · answered by Luella 3 · 0 0

I don't think that the Italians even know the answer to that one!

2006-12-03 23:31:32 · answer #3 · answered by Anonymous · 0 1

you commit a crime/get caught/and go to court,and then you are judged by the mafia

2006-12-03 22:40:34 · answer #4 · answered by archaeologia 6 · 0 1

fedest.com, questions and answers