italian justice system compared to uk

Some prohibitions exist in pre-determined cases, such as: Use of witness testimony to prove the existence of a contract. In Italy, procedural justice is part of the concept of justice: a decision is legally acceptable so long as it results from patterns of official activity that provide protection to the defendants rights and an opportunity to find the truth. byMarco Gubitosi, Niccol Bertolini Clerici, Andrea Tortora della Corte, Marianna Consiglio, Legance Avvocati Associati. These include measures to reduce case inflow (e.g., by increasing court fees, creating appeal barriers, and changing lawyers' fee The Constitution forms the fundamental law of the Italian legal system. Black and Latinx Americans make up 39% of the US population, but represent 59% of those in US prisons. There are two main exceptions to the normal legislative procedure: In general, the judiciary has no power to control legislative and executive actions. The Constitution states that the legislative function must be exercised jointly by the two Houses of Parliament (. *You can also browse our support articles here >, Boundless. Eventually, a decision of a lower court can be reversed in appeal; here the case is still open and the decision has not become a precedent yet. Foreign scrutiny of the case has so far been unflattering to the Italian legal system (and Italy in general), not helped by the seemingly endless twists and turns of a case that has been running for close to seven years. These procedures are only initiated if evidence gathering during the trial may be endangered. . Seen that, it is now clear how the main features of these two systems are strictly linked to their historical genesis. Costituzione della Repubblica Italiana, [Gazzetta Ufficiale 27 dicembre 1947, n. 298]. This obviously does not mean that the Italian system is infallible, and aspects of the cases progress have certainly raised eyebrows: Amanda Knoxs statements are certainly difficult to accept as evidence, the media put a lot of pressure on prosecutors, and the police clearly acted to protect their credibility. Parkinson v St. James and Seacroft University Hospital NHS Trust [2001], All ER Rees v Darlington Memorial Hospital NHS Trust [2002], House of Lords Therefore this constant jurisprudence will define what is called the living To export a reference to this article please select a referencing stye below: This selection of law essays, problem questions and case summaries is relevant to students within the US and for law students from outside the country wishing to learn more about the laws and legislature of the USA. The constitutional system provides for the following separation of powers: Parliament is vested with the legislative power. These are certainly important problems but they cannot be addressed without a clear understanding of how the Italian criminal justice system is set up to function. Retrieved from https://www.lawyersitaly.eu/civil-law-in-italy, Mondials. The federal courts and the majority of the state court systems are organized into trial courts (The United States district courts in the federal system), intermediate appellate courts, and a Supreme Court. Promotion to the rank of appeal court judge or Supreme Court of Cassation judge is based on order of seniority. Facts and evidence are gathered by both the defense and prosecutor and judged by a jury which is a group of regular citizens that are instructed by the judge to make a judgment based on the laws, evidence, and facts that the judge will then make a verdict. Riccardo Montana does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment. In these cases, the judges role is still much more passive than it would be under the inquisitorial system. Parties to a case have significant rights and powers to introduce claims and defences and submit evidence. Origins of the Italian Juvenile Justice System In Italy, juvenile courts were established in 1934, and their structure and responsibilities in the field of juvenile justice remained unchanged until 1956, when elements of a rehabilitative approach were introduced. Tetley William, Mixed jurisdictions: common law vs civil law (codified and uncodified) (Part I) Q.C. Italy ranks 58th for overall ease of doing business and 98th for starting a business, out of 190 economies. Decisions declaring the alleged death of a person or that a person is missing are always subject to publication in the. For example, the Italian system is inquisitorial, while the United States system is adversarial. Composed of 139 Articles. Books: Disclaimer: This essay has been written by a law student and not by our expert law writers. In the United States, appellate courts are also responsible for hearing and reviewing appeals from legal cases that have been heard before in the lower courts and these appellate courts do not include a jury. The government, which is the institutional body vested with executive powers, is supervised by Parliament. The Italian law is based on Roman law in regards to civil law and the codes of the kingdom of Sardinia, one of Italys twenty regions, in civil and penal affairs are from the Napoleonic Code which extended to all of Italy when it was unified in the mid-19th century (Wickham & Clark, N.d.). Civil liability is based on the principle of the burden of proof. This may be due to the fact that both legal systems are not solely adversarial or inquisitorial in nature. There is an actual real risk the suspect will flight or danger that the suspect/ accused will commit a serious crime. External independence does not just apply to the moment when the prosecutor decides upon penal action: the prosecutor is fully independent even during the investigation phase, during which he or she directs the police. It indeed prevails in case of conflicts with case law, and therefore is binding to judges, who have to adjudicate the cases in compliance with it. Generally there are no provisions making the decisions of higher courts binding on lower courts, except: When reviewing an appeal judgment, the Supreme Court of Cassation can return the file to the Court of Appeal, imposing a specific principle of law to resolve the dispute. The courts of first instance and appeal are located in various districts of Italy. Lecturer in Law, City, University of London. Articles 24, 25, 101 to 104 and 111 of the Constitution, in particular, ensure the autonomy and independence of the judiciary. However, the United States law has now diverged from its English ancestor in both substance and procedure (Boundless, N.d). %%EOF The judgment must contain a description of de facto and de jure grounds on which the decision is based. In the specific cases provided for by the law, request further investigations (expert examination of the facts, witness clarification requests and information from public bodies). Precedents so are all those decisions that are binding for future judges called to adjudicate similar cases, and that therefore become law themselves: the case-law. Advises investment funds, both Italian and foreign companies, listed and unlisted, as part of their ordinary and extraordinary business activities. The first part of the Constitution sets out fundamental principles governing the rights of Italian citizens and the protection of these rights (Articles 1 to 12). Under stare decisis, a single case that has been decided upon is binding law to the same extent as a statute or regulation in common law systems. The trial of Knox and Sollecito was standard, meaning no special rules were used; on the other hand, Rudy Guedes lawyers decided to use one of the special procedures that are aimed to speed up the criminal process, in this case a giudizio abbreviato or fast-track trial. In a critical report last year, the Council of Europe's top official for human rights,. Legal system DEFINITION: A brief description of the legal system's historical roots, role in government, and acceptance of International Court of Justice (ICJ) jurisdiction. Moreover, when a case must be adjudicated on the basis of a statute, the latter gets absorbed in the jurisprudential circuit and, from that moment on, the sentence that rely on the given statute will become a binding judgement which will be followed by lower Courts and that will be cited as a Precedent instead of the statute itself. The judges are represented by the Consiglio Superiore della Magistratura which is a body chaired by the President of the Republic and includes the public prosecutor of Corte di Cassazione, and university law professors and attorneys with fifteen years of experience (Grossi, 2010). There are actually two kinds of binding precedent: Vertical, which binds all the courts from the highest to the lowest (i.e. [4] From Latin maxim stare decisis et quieta non muovere, literally let the decision stand and dont unsettle what is. However, not all cases are tried through a jury trial. Despite this, traditionally case law has always played a large role in law-making. The Italian law is based on Roman law in regards to civil law and the codes of the kingdom of Sardinia, one of Italy's twenty regions, in civil and penal affairs are from the Napoleonic Code which extended to all of Italy when it was unified in the mid-19th century (Wickham & Clark, N.d.). Info: 1539 words (6 pages) Essay The method of bringing prosecutions under the U.S. criminal justice system is compared and contrasted with prosecutorial procedures in England; differences between the two are emphasized. The role of the precedent in the English and Italian judicial system. National Research Council (IRSIG-CNR), Bologna, Italy; Mr. Francesco Contini, Researcher, the Research Institute on Judicial Systems, National Research Council (IRSIG-CNR), Bologna, Italy; Justice Riaga Samuel Omolo, Judge at the Court of Appeal, Kenya; Justice Dory Reiling, Vice-president, Amsterdam District Court, The Netherlands; Prof. Take a look at some weird laws from around the world! The process is not automatic. Under the Constitution, recruitment to the judiciary takes place through a public competitive exam published by the Minister of Justice (Article 106). Italian Justice System Compared To Us 10 min read. Investigations are confidential and therefore any pre-trial inquiries are protected. The result is, thus, a set of decisions that can be cited as Precedents, and defined as rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases. Minor criminal offenses and small civil disputes are handled by special magistrate courts tasked with resolving such disputes. A Comparative Analysis Between Italian Civil Proceedings and American Civil Proceedings Before Federal Courts. These judges are appointed for life and can only be removed through impeachment and a new judge is appointed when there is a vacancy through impeachment, a judge dies, or a judge resigns (Baum, 2013). However, the constitution establishes the Constitutional Court, which examines and decides on the compatibility of laws with the Constitution (Article 134). For what is our concern, it should be born in mind that supremacy of the Parliament means that the Parliament has the supreme legislative power, and thus supremacy must be given to the result of its work, the statutes. Unless this standard is met, the defendant must be acquitted.

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