NCJ Number
68510
Journal
Revue de droit penal et de criminologie Volume: 59 Issue: 11 Dated: (NOVEMBER 1979) Pages: 872-882
Date Published
1979
Length
11 pages
Annotation
FOUR RECENT CHANGES IN THE ITALIAN CRIMINAL CODE ARE EXPLAINED.
Abstract
PRESENT ITALIAN CRIMINAL LAW IS ESSENTIALLY THAT OF 1930, AND ANY CHANGES, SUCH AS THE ONES PRESENTED, REMAIN ISOLATED INSTANCES OF REFORM WHICH DO NOT EXPRESS A CONSISTENT CRIMINAL POLICY. FIRST, THE NEW PAROLE REGULATIONS (ARTICLE 176) PROVIDE THAT INMATES ARE ELIGIBLE FOR PARDON IF THEY HAVE SERVED A REQUIRED PORTION OF THEIR TERM AND IF THEIR BEHAVIOR ASSURES THAT THEY WILL REMAIN CRIME-FREE. IN THEIR PAROLE DECISIONS, THE JUDGES ARE GUIDED BY THE INMATES' PSYCHOLOGICAL DEVELOPMENT, THEIR PRISON BEHAVIOR, AND SUCH PREDICTION FACTORS FAMILY RELATIONS AND WILLINGNESS TO RESUME WORK OR STUDY. SECOND, ANOTHER REFORM (LAW OF JULY 7, 1974) CONCERNS THE SIMULTANEOUS PRESENCE OF AGGRAVATING AND EXTENUATING CIRCUMSTANCES IN AN OFFENSE. IN ATTRIBUTING THE PENALTY, THE JUDGE NOW SELECTS THE DOMINANT CIRCUMSTANCE (EITHER AGGRAVATING OR EXTENUATING) AND DOES NOT CONSIDER THE EXISTENCE OF THE OTHER ONE. THIRD, IN CASE OF PLURAL OFFENSES, THE NEW ARTICLE 81 PROVIDES THAT THE OFFENDER BE JUDGED ACCORDING TO THE MOST SEVERE OFFENSE IF THE SAME CRIMINAL INTENT IS DETECTABLE IN ALL OFFENSES OR IF THE SAME LAW IS REPEATEDLY VIOLATED. A FOURTH REFORM (ARTICLES 163, 164, AND 168 C.P.) PROVIDES FOR THE POSSIBILITY OF PROBATION INSTEAD OF JAIL SENTENCES OF UP TO 2 YEARS (PREVIOUSLY 1 YEAR). THE ARTICLE INCLUDES BIBLIOGRAPHICAL FOOTNOTES. --IN FRENCH.