Italian Penal Legislation and Though Processes: An Overview (From Criminal Law in Action: An Overview of Current Issues in Western Societies, P 67-72, 1988, Jan van Dijk, Charles Haffmans, et al., eds. -- See NCJ-126687)

• NCJ Number: 126692
• Author(s): M Romano
• Date Published: 1988
• Length: 6 pages
• Sale Source: Kluwer Law International
• Publication Type: Survey (Cross-Cultural)
• Language: French
• Country: Netherlands

Annotation

This theoretical overview analyzes two influences on the current Italian criminal code: the criminal code of 1930 and the democratic constitution of 1948.

Abstract

The criminal code of 1930, which replaced the more liberal code of 1886, followed the installation of the fascist government. Philosophically the code was influenced by two prevalent European schools of thought: the "classical" school of criminal justice with its emphasis on the offenders' moral responsibility and the positivist school emphasizing public order. Responding to political pressure, the code introduced numerous punitive measures such as the death penalty, extradition of political offenders, and a special court for "the defense of the State." The democratic constitution of 1948 brought profound changes, which mirrored the new political climate, to the 1930 code. The concept of punishment was increasingly replaced by that of prevention and social rehabilitation. capital punishment was abolished; the concepts of mitigating circumstances and legal restraints against the abuse of political power were introduced. Since 1975, a more severe legislative trend has re-emerged in response to political detention for terrorists and special legislation against the Mafia. Despite these recent developments, the article emphasizes that crime repression must remain firmly grounded in the law and civil liberties, and that the best crime prevention lies in the individual's conscience.