This article may be expanded with text translated from the corresponding article in Italian. (June 2015)Click [show] for important translation instructions.
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The Italian Penal Code of 1889, commonly known as Zanardelli Code (Italian : Codice Zanardelli), was the penal code in effect in the Kingdom of Italy from 1890 to 1930, and it is still in effect in Vatican City. The Zanardelli code gets its name from Giuseppe Zanardelli, then Minister of Justice, who lobbied for the code's approval. [1] It unified penal legislation in Italy, abolished capital punishment and recognised the right to strike. [2]
In his Report to the King (Italian: Relazione al Re), Zanardelli said he was convinced that "laws must be written in such a way that even uneducated men can understand their meaning; and this is especially the case for a penal code, which concerns a great number of citizens even among the popular classes, who must be given a way to know, without the need for interpreters, what the code prohibits." Zanardelli believed that criminal law must never forget the rights of man and of the citizen and that it should not consider a criminal to be fundamentally incorrigible. It wasn't enough to simply intimidate and to restrain; it was also necessary to correct and educate.
The Zanardelli Code came into force on 1 January 1890, though it was unanimously approved by both Chambers of the Parliament of the Kingdom of Italy on 30 June 1889. The code abolished the death penalty (which was still in effect in the main European States) for all crimes, with the exception of certain military crimes committed in times of war. The code also granted a limited right to strike, and it introduced parole, the principle of punishment as rehabilitation, judicial discretion, and certified mental illness as a reason to be exempt from trial.
When the Mussolini Cabinet came into power in 1922, many of the Zanardelli Code's regulations were effectively ignored. In 1930, the Zanardelli Code was formally replaced by the Rocco Code, named after the then Minister of Justice, Alfredo Rocco.
After the fall of fascism, when Italy became a constitutional republic, there was a tension between restoring the more liberal Zanardelli Code and adapting it to modern times and keeping the Rocco Code, which, despite its authoritarianism, was more scientifically advanced than the Zanardelli Code. Moreover, the Rocco Code abided by the principle of ex post facto. In the end, the Rocco Code remained in effect, with its more authoritarian parts expunged. A new code of criminal procedure was passed in 1988, and the Zanardelli Code was officially repealed in its entirety in December 2010.
Although the Zanardelli Code hasn't been in effect in Italy since 1930, it is still the main source for criminal law in Vatican City, which adopted it after the Lateran Treaty of 1929, along with all other Italian legislation in effect at the time. In cases concerning more recent crimes, such as selling Psychoactive drugs, the Vatican has referenced other sources in their legal system and has reformed the code many times over the years.
In addition, the Turkish penal code of 1926, which replaced the 19th-century Ottoman version that was partially modelled on the Napoleonic penal code, was based in part on the Zanardelli Code. A notable exception was its inclusion of the death penalty (which wouldn't be abolished in Turkey until 2004).
Capital punishment, also known as the death penalty, is a government-sanctioned practice whereby a person is put to death by the state as a punishment for a crime. The sentence ordering that someone be punished in such a manner is referred to as a death sentence, whereas the act of carrying out such a sentence is known as an execution. A prisoner who has been sentenced to death and is awaiting execution is referred to as condemned, and is said to be on death row. Crimes that are punishable by death are known as capital crimes, capital offences or capital felonies, and vary depending on the jurisdiction, but commonly include serious offences such as murder, mass murder, aggravated cases of rape, child rape, child sexual abuse, terrorism, treason, espionage, sedition, piracy, aircraft hijacking, drug trafficking and drug dealing, war crimes, crimes against humanity and genocide, and in some cases, the most serious acts of recidivism, aggravated robbery, and kidnapping.
Defamation is the oral or written communication of a false statement about another that unjustly harms their reputation and usually constitutes a tort or crime. In several countries, including South Korea and Sweden, as well as the U.S. state of Louisiana, communicating a true statement can also be considered defamation.
Life imprisonment is any sentence of imprisonment for a crime under which convicted persons are to remain in prison either for the rest of their natural life or until pardoned or paroled or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, attempted murder, conspiracy to commit murder, blasphemy, apostasy, terrorism, severe child abuse, rape, child rape, espionage, treason, high treason, drug dealing, drug trafficking, drug possession, human trafficking, severe cases of fraud, severe cases of financial crimes, aggravated criminal damage in English law, and aggravated cases of arson, kidnapping, burglary, or robbery which result in death or grievous bodily harm, piracy, aircraft hijacking, and in certain cases genocide, ethnic cleansing, crimes against humanity, certain war crimes or any three felonies in case of three-strikes law. Life imprisonment can also be imposed, in certain countries, for traffic offenses causing death. The life sentence does not exist in all countries: Portugal was the first to abolish life imprisonment, in 1884.
An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed.
Giuseppe Zanardelli was an Italian jurist and political figure. He served as the Prime Minister of Italy from 15 February 1901 to 3 November 1903. An eloquent orator, he was also a Grand Master freemason. Zanardelli, representing the bourgeoisie from Lombardy, personified the classical 19th-century liberalism, committed to suffrage expansion, anticlericalism, civil liberties, free trade and laissez-faire economics. Throughout his long political career, he was among the most ardent advocates of freedom of conscience and divorce.
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when an offender kills in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.
A habitual offender, repeat offender, or career criminal is a person convicted of a new crime who was previously convicted of a crime(s). Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions. They are designed to counter criminal recidivism by physical incapacitation via imprisonment.
Capital punishment in Denmark was abolished in 1930, with no death sentences having been carried out since 1892, but restored from 1945 to 1950 in order to execute Nazi collaborators. Capital punishment for most instances of war crimes was legally ended in 1978. The last execution was in June 1950.
The criminal law of Australia is the body of law made, recognised and applied in Australia that relates to crime. Most criminal law is made and administered by the individual states and territories of Australia. However, a body of criminal law is also made and administered by the federal government. Criminal law may be differentiated from civil law, which in Australia relates to non-criminal law including civil wrongs, contract law, much of property law and other areas that concern the rights and duties of individuals amongst themselves.
The Model Penal Code (MPC) is a text designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States of America. The MPC was a project of the American Law Institute (ALI), and was published in 1962 after a ten-year drafting period. The chief reporter on the project was Herbert Wechsler, and contributors included Sanford Kadish and numerous other noted criminal law scholars, prosecutors, and defense lawyers.
The death penalty has been completely abolished in all European countries except for Belarus and Russia, the latter of which has a moratorium and has not conducted an execution since 1999. The absolute ban on the death penalty is enshrined in both the Charter of Fundamental Rights of the European Union (EU) and two widely adopted protocols of the European Convention on Human Rights of the Council of Europe, and is thus considered a central value. Of all modern European countries, San Marino, Portugal and the Netherlands were the first to abolish capital punishment, whereas only Belarus still practices capital punishment in some form or another. In 2012, Latvia became the last EU Member State to abolish capital punishment in wartime.
Although the legal system of Singapore is a common law system, the criminal law of Singapore is largely statutory in nature. The general principles of criminal law, as well as the elements and penalties of general criminal offences such as assault, criminal intimidation, mischief, grievous hurt, theft, extortion, sex crimes and cheating, are set out in the Penal Code. Other serious offences are created by statutes such as the Arms Offences Act, Kidnapping Act, Misuse of Drugs Act and Vandalism Act.
The use of capital punishment in Italy has been banned since 1889, with the exception of the period 1926–1947, encompassing the rule of Fascism in Italy and the early restoration of democracy. Before the unification of Italy in 1860, capital punishment was performed in almost all pre-unitarian states, except for Tuscany, where it was historically abolished in 1786. It is currently out of use as a result of the adoption of the current constitution, and defunct as of 1 January 1948.
The Revised Penal Code contains the general penal laws of the Philippines. First enacted in 1930, it remains in effect today, despite several amendments thereto. It does not comprise a comprehensive compendium of all Philippine penal laws. The Revised Penal Code itself was enacted as Act No. 3815, and some Philippine criminal laws have been enacted outside of the Revised Penal Code as separate Republic Acts.
Capital punishment was used from the creation of the modern Serbian state in 1804. On 26 February 2002, Serbian Parliament adopted amendments striking the death penalty from the Criminal Code. The last execution, by shooting, took place on 14 February 1992, and the last death sentences were pronounced in 2001. Serbia is bound by the following international conventions prohibiting capital punishment : Second Optional Protocol to the International Covenant on Civil and Political Rights, Protocols No. 6 and No. 13 to the European Convention on Human Rights. According to Article 24 of the Serbian constitution (2006): „Human life is inviolable. There shall be no death penalty in the Republic of Serbia“.
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood by courts to include any sexual act deemed to be unnatural or immoral. Sodomy typically includes anal sex, oral sex, and bestiality. In practice, sodomy laws have rarely been enforced against heterosexual couples, and have mostly been used to target homosexuals.
Capital punishment is a legal penalty in Vietnam.
General elections were held in Italy on 23 November 1890, with a second round of voting on 30 November. The "ministerial" left-wing bloc emerged as the largest in Parliament, winning 401 of the 508 seats. As in 1886, the election was held using small multi-member constituencies with between two and five seats.
The Penal Code of Romania is a document providing the legal basis regarding criminal law in Romania. The Code contains 446 articles. The articles mention aspects such as the national boundaries of law and the crimes that fall under the incidence of penal law. Judicial discretion is granted by the Code through the use of minimum and maximum sentences. The most recent version of the Romanian Penal Code has come into effect on 1 February 2014.
See also: 1889 in Italy, other events of 1890, 1891 in Italy.