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The Italian law codes constitute the codified law of Italy.
There used to be only five codes of Italian law: the civil code, the code of civil procedure, the penal code, the code of criminal procedure, and the navigation code. [1] Starting from the eighties, more specific subjects were needed and specific codes were created to better codify the law.
The codice civile represents private law. The first civil code was enacted in 1865. [2]
The civil code also outlines the laws for commerce and is the code dealing with corporate law. [3]
This code contains the rules for civil proceedings before a court of law. [4]
The Penal Code (Codice Penale) has its origins in Roman law and in Middle Ages canonical law, although the Code in its current state was written during the French Enlightenment. All offences are classified as either delitti or contravvenzioni, the former representing the more serious of the two. [5]
The Codice della Navigazione [6] is the principal set of rules governing the internal states and situations of sea and air navigation. It was approved originally during 1942, and subsequently amended 2005 and 2006. [7]
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(help) [10] [11] Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure.
The Supreme Court of Cassation is the highest court of appeal or court of last resort in Italy. It has its seat in the Palace of Justice, Rome.
The Dicastery for Legislative Texts, formerly named Pontifical Council for Legislative Texts, is a dicastery of the Roman Curia. It is distinct from the highest tribunal or court in the Church, which is the Supreme Tribunal of the Apostolic Signatura, and does not have law-making authority to the degree the Pope and the Holy See's tribunals do. Its charge is the interpretation of existing canon laws, and it works closely with the Signatura and the other Tribunals and the Pope. Like the Signatura and the other two final appellate Tribunals, the Roman Rota and the Apostolic Penitentiary, it is led by a prefect who is a bishop or archbishop.
Piero Calamandrei was an Italian author, jurist, soldier, university professor, and politician. He was one of Italy's leading authorities on the law of civil procedure.
Sabino Cassese is an Italian jurist, former minister for the public function in the Ciampi government (1993–1994), and judge of the Constitutional Court of Italy (2005–2014).
Guglielmo Gulotta has been a full professor at the University of Turin, Department of Psychology. He continues his career in law as a criminal barrister of the Milan Court, and his law activity takes him all around Italy. He is a psychologist and a psychotherapist.
In Italy the penal code regulates intentional homicide, "praeterintention" homicide corresponding to the Anglo-Saxon Felony-Murder, and manslaughter. <<Thus - to summarize - we see that murder includes murder committed with the intention of producing [...] serious injury, or with the intention of producing that which either can easily produce the other and, therefore, also includes cases in which death is preceded by criminal intent and which is the consequence of an illegal act, which by its nature constitutes a crime. Involuntary manslaughter, however, includes homicide caused by omission, involuntary manslaughter, accidental homicide resulting from an unlawful act which is not a crime, and the like>>.
Under Dutch law, moord (murder) is the intentional and premeditated killing of another person. Murder is punishable by a maximum sentence of life imprisonment, which is the longest prison sentence the law will allow for, unless the sentence is commuted or pardoned by the Sovereign of the Netherlands. However, this happens and few appeals to the King for clemency have ever been successful.
Mauro Del Giudice was an Italian magistrate, jurist and writer.
Pietro Ichino is an Italian politician and professor of labor law at the University of Milan. From 1979 to 1983, he was an independent left-wing MP belonging to the ranks of the Italian Communist Party. In 2008, he was elected senator for the Democratic Party in the district of Lombardy.
Stefano Rodotà was an Italian jurist and politician.
The law of Italy is the system of law across the Italian Republic. The Italian legal system has a plurality of sources of production. These are arranged in a hierarchical scale, under which the rule of a lower source cannot conflict with the rule of an upper source.
Alberto V. Febbrajo is an Italian legal scholar and sociologist.
Marta Cartabia is an Italian jurist and academic who served as Minister of Justice in the government of Prime Minister Mario Draghi.
Francesco Carnelutti was an Italian jurist and lawyer.
Francesco Gianniti was an Italian jurist and humanist. He was Filippo Grispigni’s student at the University of Rome and Silvio Ranieri’s disciple at the University of Bologna.
Professor Attilio Lavagna was born in Cagliari on 13 November 1872 to Carlo and Virginia Thorosano. He lived most of his life in the Italian region of Piedmont. He was appointed advisor of the Italian government under the Giovanni Giolitti government (1920–1921) and counselor in the Italian Supreme Court.
Vittorio Giulio Ippolito Camillo Scialoja was an influential Italian Professor of Jurisprudence. His early focus was on Roman law, but he later broadened the scope of his research and teaching to embrace other branches of civil law. Membership of the National Public Council for Higher Education, on which he served between 1893 and 1913, led to his nomination as a senator on 4 March 1904. That in turn became the launch pad for an increasingly engaged parallel career in politics and public life. He served briefly as Minister of Justice in 1909/10, Minister without portfolio between 1916 and 1917, and as Minister of Foreign Affairs during 1919/20.
Gaetano Azzariti was an Italian jurist and politician, who headed the Commission on Race under the Fascist regime, and served as Minister of Justice of Pietro Badoglio's government after the fall of the Italian fascist regime. After the war, from 1957 to 1961, he was president of the Constitutional Court of Italy.
Preterintention in criminal law is a degree of culpability in which a defendant intended to commit a crime but also unintentionally committed a more serious crime. It derives from the legal Latin phrase praeter intentionem, which means "beyond intention". Preterintentional crimes or offenses may also be referred to as result-conditioned or consequentially aggravated. A common form of preterintentional crime is bodily harm resulting in death, in which the defendant intended to harm the victim but did not intend to kill.
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