WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS



ITALY

  
Pietro Marongiu
University of Cagliari

Mario Biddau
Corte d'Appello di Cagliara


This country report is one of many prepared for
the World Factbook of Criminal Justice Systems
under Bureau of Justice Statistics grant No.
90-BJ-CX-0002 to the State University of New York
at Albany.  The project director was Graeme R.
Newman, but responsibility for the accuracy of the
information contained in each report is that of
the individual author.  The contents of these
reports do not necessarily reflect the views or
policies of the Bureau of Justice Statistics or
the U. S. Department of Justice.
                             


GENERAL OVERVIEW 


1. Political system. 

     There is no federal government nor federal
system of justice. All criminal laws are contained
in the Penal Code and many other statutes.  The
Constitution of the Italian Republic (Art.73)
states that all laws have to be published in the
Gazzetta Ufficiale dello Stato, which is the
Official Gazette of the State.  These written
mandatory statutes are effective throughout the
nation.  The statutes do not conflict with the
Italian Constitution.
      The different parts of the criminal justice
system are part of a state system which operates
all over the national territory through Districts
and other minor territorial jurisdictions.  These
districts do not correspond to the 20
administrative districts (Regioni) into which the
country is divided.  Although each district has
the power to make laws, providing they do not
conflict with the Constitution, only the State has
jurisdiction over substantive and procedural penal
law.  The administrative functions of the criminal
justice system fall under the authority of the
Minister of Justice (Ministro di Grazia e
Giustizia).   
     The State government has three branches:
Legislative, Executive, and Judiciary.  A system
of checks and balances allows each power to be
separate and independent from the others.
     Each branch of the State has specific powers
and responsibilities in the criminal justice
system.  For instance, the Legislative branch has
the power to develop laws, including penal law,
directly or through laws enacted under delegate
power.  This branch also has influence on the two
branches of Parliament: the Chamber of Deputies
and the Senate of the Italian Republic.  Any
member of Parliament, of the Government or of
particular institutions can present a bill to
introduce a new law or modify an existing one to
the Parliament for consideration.  Citizens can
take the same initiative by presenting petitions
that are signed by at least 50,000 citizens.
(Constitution, Art.71).
      Parliament has the power to debate, pass, or
reject all bills, with or without modifications. 
Once passed, the law is promulgated by the
President of the Republic and published in the
Official Gazette.  Parliament may delegate
legislative power to the Government for a specific
project, such as the development of a substantive
or procedural Penal Code, while providing the
general principles and direction for the project. 
In urgent cases, the government can enact a law by
decree (Decreto Legge), which takes effect
immediately.  This type of decree must be made
into a law by the Parliament within 60 days, or it
loses its validity. (Constitution, Art.71,76,77).
     The Executive branch has the power to govern
the nation.  The Minister of Justice is in charge
of the organization and functioning of the
criminal justice system.  Although the Minister
cannot interfere with jurisdictional functions
that pertain to the Judiciary Power, he does have
the power to allocate the budget for the criminal
justice system.  He can also initiate disciplinary
action against individual judges, although the
final decision of disciplinary sanctions pertains
to the Superior Council of the Judiciary.  The
Minister has the power to issue criminal justice
directives and regulations and has the power to
inspect criminal justice activities, except for
cases which fall under the competence of the
Superior Council of the Judiciary. (Constitution,
Art.107,110).
     The Judiciary branch is separate and
autonomous from the other State branches.  The
Bench has the power to administer justice and
enforce the law. (Constitution, Art.104).

2. Legal system.

     Criminal procedure can be described as
adversarial in nature. No informal justice system
exists.  The Italian legal system is based on
written laws.  Penal Law defines what specific
behavior is criminal and what specific minimum and
maximum penalties are provided.  The basic
principles of no penalty without a law (nulla
poena sine lege) and no crime without a law
(nullum crimen sine lege) are stated in the Penal
Code (Art.1) and in the Constitution (Art.25). 
     Other basic constitutional principles follow
as well: a) legal responsibility rests solely on
the acting individual; b) rules of penal law are
not retroactive; c) no one can be sentenced
without a fair trial (nulla poena sine judicio);
d) no one can be considered guilty until a final
sentence has been pronounced; e) penalties cannot
consist in treatment contrary to the sense of
humanity and must tend to the rehabilitation of
the offender; and f) personal freedom is
inviolable and no one shall be deprived of it
except under specific provisions of the law.
(Constitution, Art.27).
     The Bench (judiciary and prosecutors) is
autonomous and independent from the political
Legislative and Executive powers. A self-governed
elective Board (Consiglio Superiore della
Magistratura) of which two-thirds are a large
majority of judges and prosecutors, is permanently
in charge of all decisions concerning the Bench,
such as recruitment, assignments, transfers, 
promotions, and disciplinary actions (judges and
prosecutors cannot be removed). (Constitution,
Art.104,107).  The Constitution also states that
judges are subjected only to the authority of the
law (Art.101).  The Legislative Power has the
monopoly on the production of the Penal Law
(directly or through laws enacted under delegate
power).
      The Constitution prescribes the general
norms of the penal system.  No law can conflict
with the Constitution. The Constitutional Court
(Corte Costitutionale) is in charge of evaluating
the conformity of specific rules of the Penal Law
to the Constitution.

3. History of the criminal justice system.

     Although the origins of Italian penal
legislation can be traced back to Roman and middle
age canonic law, its general principles derive
from the French Enlightenment.  These principles
include clarity of the law, no punishment without
trial, proportionality between crime and
punishment, definitions of crime and punishment
based on a system of written laws and fixed
penalties, and the elimination of secret
accusations.  The dissemination of these
principles is commonly ascribed to the influence
of Cesare Beccaria's Treatise On Crimes and
Punishments.  Actually, these principles were part
of the general reformist approach and judicial
enlightenment expounded by various thinkers even
before Beccaria had published his Treatise. For
example, in his "Spirit of Laws" (1764),
Montesquieu had already written in favor of
clarity of the law, not to mention Voltaire's
ardent opposition to secret accusations. (Newman
and Marongiu, 1990: 333).(Dei Delitti e delle
Pene, Livorno, 1764).
      The new principles of the French Revolution
are affirmed in the 1791 and 1795 French Penal
Codes and eventually in the Napoleon Code of 1810. 
All subsequent Italian Penal Codes bear the mark
of French influence.  (For instance, the Penal
Code of the Kingdom of the Two Sicilies of 1819
(Codice Penale Regno delle due Sicilie), the code
of the Duchy of Parma of 1820 (Codice del Ducato
di Parma), the regulations concerning crimes and
punishment in the Papal States of 1832,
(Regolamento dei delitti e delle pane per gli
Stati della Chiesa), the Codice Penale Sardo
(Albertino), Sardininian or Albertine because it
was promulgated by the King Carlo Alberto di
Savoia (Penal Code, 1839), the Codice Penale
Toscano (Penal Code of Tuscany 1853 and the 1859
Codice Penale Sardo, which replaced the 1839
Sardinian Penal Code. After the unification of
Italy (1861), the 1859 Sardinian Penal Code (with
minor modifications) came gradually into force in
the entire Italian territory, with the exclusion
of the former Grand Duchy of Tuscany.)  In 1889, a
general Penal Code for the new Kingdom of Italy
was promulgated by the Ministry of Justice,
Zanardelli. (Antolisei, 1985).
     In 1919, a commission chaired by Enrico Ferri
was appointed in order to forward a proposal of
revision of the Zanardelli Penal  Code.  This
revision project, named the Project of Penal Code
or the Ferri Project (Progetto di Codice Penale or
Progetto Ferri)  was completed in 1921, but it was
rejected because it was considered too radical due
to its acceptance of Positive and Social Defense
School principles. (Antolisei, 1985).
     In 1925, another commission, chaired by the
jurist Arturo Rocco, Professor of Penal Law and
Procedure, put forward a new project which
resulted in the Italian Penal Code, known as the
Rocco Code.  (Penal Code, The Official Gazette
(supplement) n. 253, October 28, 1930. Effective
on July 1, 1931. (Gazzetta Ufficiale (supplemento)
n. 253 del 28 ottobre 1930, entrato in vigore il
primo luglio 1931.)  This Code, linked with the
Code of Penal Procedure (Code of Penal Procedure,
The Official Gazette (supplement) n. 254, October
29, 1930. Effective on July 1st, 1931. (Codice di
Procedura Penale, Gazzetta Ufficiale (supplement)
n. 254 del 29 ottobre 1930, entrato in vigore il
primo luglio 1931).) which became effective at the
same time, has subsequently been modified in order
to conform to the principles of the Republican
Constitution (Constitution of the Italian
Republic, The Official Gazette, n. 289 Dec. 27,
1947. Effective on January 1st, 1948 (Costituzione
della Repubblica Italiana, Gazzetta Ufficiale n.
289, del 27 Dicembre 1947. Entrata in vigore il
primo Gennaio 1948.), but is essentially unchanged
in its basic structure and is still in force in
Italy.  The linked Code of Penal Procedure was in
force until 1988. (Antolisei, 1985).

Significant criminal justice legislation.

      The most significant legislation that has
affected the criminal justice system was the 1988
promulgation of a new Code of Penal Procedure. 
(President's of the Republic Decree, September 22,
1988 n.447, in ordinary supplement no.1 to the
Official Gazette of the State, general series no.
250, october  24, 1988. (D.P.R. (Decreto del
Presidente della Repubblica) 22 settembre 1988
n.447 in supplemento ordinario n.1 alla Gazzetta
Ufficiale dello Stato, serie generale, n. 250,  24
ottobre 1988).  The new Code represented a
substantial shifting from the old inquisitorial
system to a modern adversarial system.
      The most important innovation of this new
legislation concerns the admission of evidence
that, as a rule, can be obtained only during the
course of an oral and public trial, in front of
the judge (acting as a third party) on the basis
of witnesses' cross- examination and other kinds
of proof legally presented in the Court.  The
trial is conducted by the prosecution and defense
on a parity basis.
     The former inquisitorial procedure had
allowed the admission of evidence obtained both in
the course of the trial and in the preliminary
investigation (istruttoria) stage.  The
preliminary investigation was typically
characterized by secrecy concerning documentation
of the pre-trial investigation.  An investigating
judge (giudice istruttore) was in charge of
collecting criminal evidence as well as conducting
direct examinations of the witnesses.  During the
trial, the examination of witnesses was conducted
by the Chief Judge.
     Although the new Italian Code of Penal
Procedure is similar to the adversarial English
and American systems, its system of written laws
still retains important differences when compared
with the Anglo-American system, such as the
obligatoriness of penal action. (obbligatoriet
dell'azione penale).
     The obligatoriness of penal action is
sanctioned by the Constitution (Art.112). 
According to this provision, the Public Prosecutor
(Pubblico Ministero), when becoming acquainted
with the  commission of a crime (notizia
criminis), is legally bound to start the
investigation and, if there is enough
circumstantial evidence, to take penal action
against the alleged culprit of that particular
crime.  The Italian Prosecutor is therefore
without discretionary power to withhold
prosecution.  Prosecution is not simply a right,
but a duty of the Italian Public Prosecutor. (Code
of Penal Procedure, Art.358,405).
     However, certain crimes can only be
prosecuted under specific conditions; penal action
cannot be taken unless a specific requirement is
met.  Crimes prosecutable by initiative of the
offended person (reati perseguibili a querela
dell'offeso), can range from forcible rape to
personal minor injury and can be prosecuted only
if the offended person requests the Public
Prosecutor to proceed against someone for the
alleged commission of a crime.  Excluding rape and
similar sex offenses, this request can be
withdrawn, which essentially eliminates the crime.
(Penal Code, Art.120,152; Code of Penal Procedure,
Art.340)
     For crimes allegedly committed by members of
the two branches of Parliament (Camera dei
Deputati and Senato della Repubblica), a special
authorization of the Parliament is required in
order both to carry out certain types of
investigation procedures (search and seizure, wire
tapping) and to arrest or otherwise limit their
personal freedom.  That is, another condition of
prosecutability (procedibilita) can be the
authorization to proceed (autorizzazione a
procedere). (Constitution, Art.68; Code of Penal
Procedure, Art. 343,344).
     Up until October 1993, a similar
authorization was required to bring members of the
Parliament to trial.  This provision was revoked
and under a modification of Article 68 of the
Constitution, the judiciary is now free to
prosecute the members, although they cannot be
arrested or imprisoned until a final sentence of
guilt has been pronounced.



CRIME


1. Classification of crimes. 

*Legal classification.   All criminal offenses
(reati) are divided by the Penal Code (Codice
Penale) into two broad categories: delitti, which
are serious offenses and contravvenzioni, which
are less serious offenses.  The two categories
(The crime categories are described in the second
and third books of the Italian Penal Code
entitled, Libro Secondo: Dei Delitti in
Particolare and Libro Terzo: Delle Contravvenzioni
in Particolare, respectively) are also used to
help to classify special law statutes (drugs,
prostitution, weapons, bankruptcy, pollution,
hunting, traffic, customs, tax evasion, Military
Code in wartime and in peacetime).  The
distinction between delitti and contravvenzioni
crimes is based on the seriousness of the crime
and on the severity of punishment.  Although they
are both punishable by imprisonment and/or fine,
the sentences for delitti are more severe than
those for the contravvenzioni.  (For delitti
crimes, the penalty is 15 days to 24 years
imprisonment, and as much as 30 years or life
imprisonment in special cases. For contravvenzioni
crimes, the penalty is 5 days to 3 years
imprisonment.  As a rule, sentences for
contravvenzioni are served in different types of
prison facilities than those used for delitti. 
Fines vary considerably and can amount to 500,000
U. S. Dollars for serious drug offenses.  (Penal
Code, Art.22,23.25).)
     The Penal Code generally classifies each
crime under a specific heading: a) Crimes against
the Nation (delitti contro la personalita` dello
Stato), (for example, espionage, assassination of
the President, armed bands, terrorism). 
b) Crimes against public authority (delitti contro
la pubblica amministrazione), (for instance,
corruption, bribery, embezzlement of public
property by an officer). 
c) Crimes against judicial authority (delitti
contro l'amministrazione della giustizia), (for
example, Perjury, to suborn a witness). 
d) Crimes against religious feelings and against
the feelings of pity towards the dead (delitti
contro il sentimento religioso e contro la pieta`
dei defunti), (profanation of a tomb, offenses
against religion). 
e) Crimes against the public order/breach of the
peace (delitti contro l'ordine pubblico), (for
instance, criminal association, particularly of
the mafioso type). 
f) Crimes against public safety (delitti contro
l'incolumita` pubblica), (poisoning food, water
and drugs, arson, provoking a railway or air
disaster). 
g) Crimes against public faithfulness (delitti
contro la fede pubblica), (forgery and
counterfeiting). 
h) Crimes against public economy, industry and
commerce (delitti contro l'economia pubblica,
l'industria e il commercio), (commercial fraud).
i) Crimes against public morality (delitti contro
la moralita` pubblica e il buon costume), (rape,
indecent exposure). 
j) Crimes against the family (delitti contro la
famiglia), (bigamy, incest). 
k) Crimes against the person/violent
crimes(delitti contro la persona), (murder,
assault, non-ransom kidnapping, defamation). 
l) Crimes against property (Delitti contro il
patrimonio), (theft, money laundering, robbery,
extortion, ransom kidnapping). (The Penal Code
considers the violent crimes of robbery,
extortion, and ransom kidnapping as property
crimes because their main intent is to gain
property.) 

*Age of criminal responsibility.  The age of
criminal responsibility is 18 under the Penal Code
(Art.85), which also states that a person is
chargeable with a crime only if mentally competent
at the time of its commission.  Over the age of
18, a person is considered fully chargeable with a
crime unless a mental evaluation ordered by the
judge finds the person mentally incompetent due to
a mental disease, deaf-mutism, or chronic
intoxication from alcohol or drug abuse. 
(Mentally incompetent individuals who commit
serious crimes are considered socially dangerous
and must undergo compulsory hospitalization in a
special mental institution for offenders (ospedale
psichiatrico giudiziario). (Penal Code, Art.
222).)  In these cases, usually no criminal
sanction is imposed.  Instead, compulsory
hospitalization in a special mental institution
for insane offenders is provided as a safety
measure, except in minor offense cases. (Penal
Code, Art.88,95,96,222; Code of Penal Procedure,
Art.220).
     A person can also be considered criminally
liable, if as the result of a psychiatric
examination, he or she is found partly mentally
incompetent because of mental disease, chronic
intoxication deriving from alcohol, drug abuse, or
deaf-mutism. (Penal Code, Art.88,89,95,96).  In
that case, in addition to the penal sanction,
compulsory hospitalization is provided as a safety
measure.  For minor offenses, release under
surveillance may be imposed as an alternative
measure. (Penal Code, Art.219).
     A person under 14 years old is not considered
mentally competent and therefore cannot be charged
with any crime.  If mentally competent, a person
between 14 and 18 years old is considered legally
responsible, although a more lenient criminal
sanction is imposed. (Penal Code, Art.97,98).  

*Drug offenses.  The personal use of drugs has
recently been decriminalized. Following a national
referendum, a new law does not permit imprisonment
for drug-related activities involving personal use
only. In these cases, only administrative
sanctions, such as revoking a driving license or
passport, can be imposed. However, producing,
selling or trafficking drugs are considered very
serious crimes.  Criminal association with drug
offenses is alone punishable by a maximum prison
sentence of 30 years.  Illegal drugs include opium
and its derivatives (morphine, heroin), cocaine
and its derivatives, amphetamine, synthetic drugs,
cannabis, and hashish. (According to international
agreements, all narcotics (and nonnarcotic
dangerous drugs) whose manufacturing and
distribution is prohibited or restricted, are
listed in the Official Gazette, October 9, 1990.)  
(Official Gazette, Oct.31, 1990, June 5, 1993).

2. Crime statistics.

     The definitions of the following crimes
(reati) are provided in the Penal Code. The number
of crimes reported by police to the judiciary were
collected by the Institute of Statistics (ISTAT). 
(National Institute of Statistics, Yearbook of
Statistics:  Crimes reported by the Police to the
judicial authority according to the type of
offense, years 1987-1991.  The 1992 figures are
taken from ISTAT, press release, March 17, 1993. 
(Istituto Nazionale di Statistica ((ISTAT,
Annuario Statistico o:  Delitti denunciati
all'Autorita giudiziaria dalle forze dell'ordine
(Polizia di Stato, Carabinieri e Guardia di
Finanza) per specie del delitto, anni 1986-1992).) 
Excluding homicide, ISTAT sources do not specify
whether attempts are included.

*Murder. In 1992, there were a total of 1,461
incidents of murder (Omicidio) and 1,851 incidents
of attempted murder (Tentato omicidio).  (Figures
for the number of murders in prior years:  1,096
(1987); 1,255 (1988); 1,563 (1989); 1773 (1990);
and 1,916 (1991). Figures for the number of
attempted murders in prior years:  15,900 (1987);
1,586 (1988); 1,759 (1989);1,959 (1990); and 2,197
(1991). In 1991, the rate for murders and
attempted murders recorded was 3.31 and 3.8 per
100,000 population, respectively.)  The figures
for murder/intentional homicide do not include
infanticides. (Penal Code, Art.56, 575-577).

*Rape.  In 1992, there were 806 incidents of
forcible rape (Violenza carnale) reported by
police. (The number of rapes recorded for prior
years: 871 (1987); 865 (1988); 687 (1989); 687
(1990); 733 (1991).  The rate of rapes recorded in
1991 was 1.26 per 100,000 population.)  (Penal
Code, Art.519).    

*Burglary.  In 1992, the police reported 193,170
incidents of burglary, (Furto aggravato), in the
home.  (The number of burglarly incidents which
took place in the  home, recorded for prior years:
158,305 (1987); 160,860 (1988);  175,408 (1989);
210,835 (1990); and 206,216 (1991).  In 1991, the
rate for recorded burglaries was 357.09 per
100,000.)   (Penal Code, Art.624- 625).  Burglary
in private houses is reported here as a serious
property crime because it is routinely punished
more severely than other forms of aggravated theft
(pocket picking), which is typically punishable by
1 to 6 years in prison under the Penal law.

*Serious drug offense.  In 1992, there were 42,164
incidents of drug offenses (Produzione, commercio 
di stupefacenti) reported by police.  (The number
of drug offenses recorded for prior years: 21,590
(1987); 31,079 (1988); 30,180 (1989); 30,691
(1990) and 40,421 (1991).  The rate of drug
offenses in 1991 was 69.99 per 100,000.)  These
incidents include the offenses of growing,
manufacturing, selling or distributing drugs.
(Official Gazette, Oct. 31, 1990).

*Crime regions. Organized crime conducts illegal
activities over portions of the territory in at
least three  regions: Sicilia (Mafia), Calabria
(N'drangheta) and Campania (Camorra). Although
each organization has a different history,
structure and modus operandi, their main illegal
activities (which often involve violent crime) are
similar, ranging from extortion and drug
trafficking to corruption.  (Art. 416 of the Penal
Code defines these activities in detail. For
example, criminal association of the mafioso type
(associazione per delinquere di tipo mafioso)
providing severe penalties of up to 15 years in
prison for involvement in the association alone.
The law also has special prosecuting and
sentencing provisions for this type of crime,
which includes kidnapping and drug offenses.       
     In prosecuting these cases, some evidence
obtained from outside sources may be admitted,
including evidence gathered during the trial or in
the pre-trial investigation stage. The pre-trial
investigation stage and pre-trial incarceration
can extend past the limits normally provided by
the law.   
     Convicted defendants of this crime also are
allowed less privileges than other convicted
criminals. However, the accused is entitled to a
penalty reduction and other privileges if he or
she decides to cooperate with the justice system
by producing evidence that can be used to
effectively fight organized crime. (Official
Gazette, August 7, 1992).)   The Penal Code
(Art.416) defines these activities in detail and
provides for a 15 year maximum prison sentence for
such crimes.
     A specific form of rural criminality can be
found in the central-eastern mountainous area of
inner Sardinia, which has a high rate of violent
crime that includes homicide, assault, bombing,
rustling and ransom kidnapping.



VICTIMS


1. Groups most victimized by crime. Information
not available.

2. Victims' assistance agencies.
     Compensation for up to 100,000 USD is
provided through a state fund for victims of
organized crime or terrorism.  A special
compensation fund for victims of extortion has
been established by the State.  Victims who have
suffered property damage from not complying with
extortion requests (for example, if a store was
bombed because of not paying racketeers) may be
entitled to compensation through a state fund. 
The fund is administered by a state controlled
insurance company (INA, Istituto Nazionale delle
Assicurazioni) and is under the supervision of the
Minister of Industry and Trade. (Official Gazette,
October 25, 1990, January 2, 1992).
     Compensation for needy victims of crime is
also provided by the Department of Prisons with
money coming from private donations and from a 30%
deduction of the pay received by convicted working
prisoners.  Victims can be compensated for any
kind of damage they have suffered, whether it be
moral, medical, mental, or property.  Offenders
are obliged to give restitution and pay for
damages they may have caused to the victim(s).
(Official Gazette, August 9, 1975, October 25,
1990; Penal Code, Art.185).
     A law also provides for the granting of free
legal aid to needy victims. (Official Gazette,
July 30, 1990).

3. Role of victim in prosecution and sentencing.

     Victims have the right to be informed about
judicial proceeding developments, to produce
evidence at any stage of criminal prosecution, to
oppose the request by the Judge for the
Preliminary Investigation, (Giudice per le
Indagini Preliminari or G.I.P) for dismissal of
the case, and to designate defending counsel to
protect their rights.
     Victims' assistance associations 
(environmentalist associations) can join the
victim at trial with the victim's consent. (Code
of Penal Procedure, Art.91).
     Prosecutors and defending counsel play two
distinct roles to protect the victims' rights. 
Prosecutors do not directly protect victims'
rights since their main intent is to protect the
public interest by seeking prosecution against
alleged offenders.  However, they indirectly
protect victims' rights in that, if defendants are
convicted, victims are entitled to compensation. 
Victims' defending counsel, on the other hand, are
directly in charge of protecting the rights of
victims.  Alleged offenders' defense attorneys do
not protect victims' interests, but rather, seek
acquittal for their clients.

4. Victims' Rights Legislation.

     Crime victims can claim compensation for
damages incurred during the trial stage under the
Penal Code (Art.185) and the new Code of Penal
Procedure (Art.74,90,101,394,396).



POLICE


1. Administration.

     There  are  three  main  state  police corps
in Italy: the State Police (Polizia di Stato), the
Carabinieri, and the Finance Guard (Guardia di
Finanza).  The Carabinieri and Finance Guard
(employed mainly in the investigation of financial
crimes) is a military corps, under authority of
the Ministry of Defence and of the Ministry of
Finance, respectively.  The State Police is a
civil corps under authority of the Ministry of the
Interior and is responsible for all functions
listed in the United Nation's definition of police
(prevention, detection, investigation, and
apprehension of alleged offenders).  There also
exist local police corps with limited jurisdiction
(rangers, city police, traffic police, railway
police, coast guard).
     The Code of Penal Procedure state the
functions of the investigating police. (Articles
55-59).  Appointed police officers (ufficiali di
polizia giudiziaria) from all police corps carry
out criminal investigation functions (funzioni di
polizia giudiziaria). under direction of the
judicial authority in the criminal investigation
departments(sezioni di polizia giudiziaria).  In
addition to the criminal investigation departments
located at the Public Prosecutor's offices, there
are also criminal investigation services (servizi
di polizia giudiziaria) which are established all
over the country at the local Carabinieri, State
Police and Finance Guard stations.  Criminal
investigative services are directly and
exclusively used for the Public Prosecutor for
particular criminal investigations.   The Central
Operating Service (Servizio Centrale Operativo)
coordinates all police criminal investigation
activities under the authority of the Chief of
Police and the Ministry of the Interior.
     The Ministry of the Interior has recently
established a special agency of criminal
investigation, called the DIA (Direzione
Investigativa Antimafia) to be in charge of
organized crime investigations.  The DIA is
directed by a high ranking Carabinieri, State
Police or Chief Finance Guard Officer.  This
interforce structure is used by the National
Antimafia Prosecuting Attorney (Procuratore
Nazionale Antimafia), who is also the head of the
National Antimafia Prosecutor Office (Direzione
Nazionale Antimafia). (Official Gazette, November
6, 1991; December 31, 1991)

2. Resources.   

*Expenditures.  For fiscal year 1994, the Italian
State budget entered the following expenses, which
include the investigating police expenses for all
three police corps:
      a) 8,030 billion lire for the State Police
(Ministry of the Interior)
      b) 5,915 billion lire for the Carabinieri
(Ministry of Defense)
      c) 3,608 billion and 744 million lire for
the Finance Guard (Ministry of Finance). (Official
Gazette, December 28, 1993).
     It should be noted that investigating police
functions comprise only a fraction of all police
activities (military police, rangers, traffic,
secret services, witness protection programs,
public order).  Police officers of all corps may
serve different functions while in service.  This
makes it difficult to distinguish the expenses for
investigating police from general police expenses.

*Number of police.  As of Dec. 31, 1990, the total
number of police, including the State Police,
Carabinieri and Finance Police, and the criminal
investigation police, was 241,429, of which
234,729 were male and 6,700 were female.  (On Dec.
31, 1986, the total number of police personnel,
including the Polizia di Stato, Carabinieri, and
Guardia di Finanza, and the polizia giudiziaria,
was 215,186.)  (Fourth United Nation Survey of
Crime Trends and Operations of Criminal Justice
Systems, 1992).
     As of Dec. 31, 1990, the total number of
police personnel was 200,660, of which 189,240
were male and 11,420 were female. Sworn/uniformed
police comprised 192,817 of this total and
civilians comprised 7,843.  (On Dec. 31, 1986, the
total number of police personnel was 183,393, of
which 179,242 were male and 4,151 were female.
Sworn/uniformed police comprised 177.371 of this
total and civilians numbered 6,022.)  

3. Technology.  

*Availability of police automobiles. Information
not available.

*Electronic equipment.  Information not available.

*Weapons.  Handguns, automatic weapons and batons
are commonly carried on sworn uniformed police
officers.  Individually, police officers are
issued one Beretta 92 SB double action
semiautomatic pistol, cal 9 mm. Parabellum (8 or
15-shot) as a personal weapon for the duration of
their service.
     There are also ordinary and special party
armaments which are not personal and must be
returned when not on duty.  Ordinary armament is
generally available to all police officers for
ordinary team activities such as patrolling. 
Special armament requires special training and is
generally only available to special squads, such
as anti-kidnapping and anti-terrorist squads.
     Types of ordinary party armament (armamento
ordinario di reparto) include: a) Rubber or
plastic cylindrical internally hollow nightstick
with an overall length between 40 to 60
centimeters or 19 to 24 inches; b) Beretta PM 12S
fully automatic submachine pistol, cal. 9 mm.
Parabellum; c) Semiautomatic plus slide-action 12
Gauge shotgun; and d) a fully automatic,
semiautomatic, or bolt action rifle, cal. 5.56 mm
or 7.62 NATO mm.
     Types of special party armament (armamento
speciale di reparto) include: a) Beretta 92 SB
double action semiautomatic pistol, cal 9 mm.
Parabellum (8 or 15-shot); b) Revolver (cal. 38
Special, 357 Magnum, 9 mm. Parabellum); c) Beretta
PM 12S fully automatic submachine pistol, cal. 9
mm. Parabellum; d) Fully automatic (or
semiautomatic, or bolt action) rifle, cal. 5.56 mm
or 7.62 NATO mm.; e) Machine gun; f) Hand
grenades, which can also to be launched with the
rifle; g) Explosives of various types; and h)
Self-propelled weapons (bazooka).
     Both ordinary and special party armament
includes other weapons and accessories, such as
bullet-proof vests, training pistols and rifles,
cal 4.5 mm. air guns, light and smoke devices,
helmets, silencers, nightly vision binoculars and
scopes, various types of knives, and narcotizing
weapons. (Official Gazette, May 2, 1986)

4. Training and qualifications.

     To become a senior officer or executive in
the state police, a masters of law degree is
required.  In the military structure (Carabinieri
and Finance Guard) it is required to attend the
military academy and the scuola ufficiali.  The
Scuola di Perfezionamento per le Forze di Polizia
provides the highest level of specialization for
police officers of all police corps.  All state
police corps have schools and training programs
for police personnel.  A clean record and good
moral qualities are required to join the police.

5. Discretion. 

*Use of force.  Police may use force and/or deadly
force in self defense to drive back acts of
violence, to overcome resistance to authority, or
to prevent the occurrence of very serious crimes
(slaughter, homicide, kidnapping, robbery),
providing that there is an immediate danger of the
occurrence of these crimes and that the police
reaction is proportionate to such danger. (Penal
Code, Art.52,53). 

*Stop/apprehend a suspect.  The law requires
police to arrest and incarcerate a person if
caught in flagrancy (arresto obbligatorio in
flagranza) (in the act of committing a crime) or
immediately after the crime's commission, if the
crime is punishable by a 5 to 20 year prison
sentence or life imprisonment.  An arrest is also
required for other serious crimes including: 1)
crimes against the state; 2) devastation and
ransacking; 3) crimes agaist public safety; 4)
reduction to slavery; 5) serious forms of
aggravated theft; 6) robbery, extortion; 7)
illegal manufacturing, smuggling, selling, letting
have, possessing, or carrying in a public place of
illegal weapons, especially military weapons; 8)
serious drug crimes; 9) crimes of terrorism and
subversion, secrecy, mafioso, military and
political illegal associations; and 10) criminal
association with the intent to commit some of the
aforementioned crimes (for example, number
1,2,3,4,6,7 and 9). These crimes are are listed in
the Code of Penal Procedure and have attached
penalties such as 3 to 10 years of imprisonment.
(Code of Penal Procedure, Art.380).
     The police have facultative power to arrest
and incarcerate a suspect, if caught "in
flagrancy" (arresto facoltativo in flagranza), for
crimes punishable by more than 3 years in prison,
with a 5 year maximum if the crime is
unintentional.  Facultative arrest powers are also
in force for other crimes such as: 1) embezzlement
of public property by an officer; 2) corruption of
a public officer; 3) threat or violence to a
public officer; 4) commerce and supply of bad food
or drugs; 5) corruption of a minor; 6) assault
provoking a personal injury; 7) theft; 8)
aggravated damaging; 9) fraud; and 10)
misappropriation of private funds or property. 
Generally these crimes are punishable by more than
6 months to 5 years in prison and are listed in
the Code of Penal Procedure (Art.381).
     Police may also arrest and incarcerate a
person suspected of having committed a crime for
which the law provides a minimum penalty of no
less than 2 years in prison and a maximum of more
than 6 years in prison, even if the suspect is not
caught in flagrancy such as crimes involving
weapons or explosives.  Arrest and incarceration
may be imposed if there is relevant circumstantial
evidence of guilt before the Public Prosecutor
starts the investigation, or if there is danger
that the suspect will escape and there is no time
to get a warrant signed by the Public Prosecutor.
(Code of Penal Procedure, Art.384).
     In all cases (mandatory and facultative
"arresto" or "fermo"), the police must immediately
notify the Public Prosecutor, the defense attorney
and the suspect's family of the arrest (Code of
Penal Procedure, Art.386,387).  Within 48 hours,
the Public Prosecutor must request the Judge for
the Preliminary Investigation (G.I.P.) to fix a
hearing in order to confirm the arrest within the
next 48 hours.  If the 48 hour terms are not met,
the arrest loses its validity and the arrested
person is set free (Code of Penal Procedure,
Art.391).
     The G.I.P summons the defendant, the defense
attorney and the prosecutor for the special
validation hearing.  At this hearing, the G.I.P.
examines the prosecutor's conclusions concerning
the motives of the arrest and the defendant is
questioned in the presence of his attorney.  The
G.I.P. then decides on the legitimacy of the
arrest and issues an order of release. (Code of
Penal Procedure, Art. 274).   After arrest,
procedures to process the suspect further in the
criminal justice system are specifically and
formally provided by the Code of Penal Procedure.
     After the arrest has been made and reported
to the judge, all subsequent procedural decisions
are made by the judge or prosecutor.

*Decision to arrest.  The majority of arrests are
made while the suspect is committing a crime in
"flagrancy" in which a warrant is obtained. 

*Search and seizure.  For the purpose of
collecting criminal evidence, as a rule, a search
requires a warrant signed by the judge.  In
particular cases of emergency connected with
serious crimes (for example, kidnapping, drug
offenses) the police may search or seize property
without a warrant (motu proprio).  In this case,
police must give notice of the searching/seizing
within 48 hours to the prosecutor who is bound to
verify its legitimacy.  Illegal searching and
seizing of property by police officers is punished
by law as an abuse of power.  (For example, an
illegal body search (peruisizione e ispezione
personali arbitrarie) can result in sanctions
taken against the police officer. (Penal Code
Art.609).)  Illegally obtained evidence is not
admissible in a case. (Code of Penal Procedure,
Art.191,244-265). 

*Confessions.  The law provides that all
statements, including confessions, made in the
presence of police officers or at any stage of
judicial proceedings are invalid, when obtained by
coercion.  Also, the mere confession of a crime
does not amount to full evidence of guilt. (Code
of Penal Procedure, Art.63-65,192).

6. Accountability.

     Complaints against alleged illegal police
behavior are filed according to the same
procedures provided for an alleged violation of
the Penal Law.  Complaints can be filed directly
at the Public Prosecutor's Office or at any
investigating police office.  There is no
state-independent board to process complaints, nor
are there "watchdog" committees.



PROSECUTORIAL AND JUDICIAL PROCESS


1. Rights of accused. 

*Rights of the accused at trial.  The Convention
for the Safeguard of Human Rights and the annexed
Protocol is, for all purposes, part of the Italian
Legal System in that no national law can conflict
with its provisions.  (The Convention and Protocol
have been signed by all government members of the
Council of Europe and are in force in Italy as a
State law.)  It states that persons have the right
to an independent and impartial trial in an
impartial tribunal and the right to life, liberty,
safety and property. (Convention for the Safeguard
of Human Rights and of Fundamental Liberties,
November 4, 1950; Protocollo, Art.1,2,5,6).
     The Convention also states that the accused
has the right to a public trial, with some
exceptions, within an adequate period of time, to
be informed of the nature and content of the
accusation, to cross examine witnesses for the
prosecution, to subpoena witnesses for the
defense, the right to counsel, and the right to be
presumed innocent.  The Italian Constitution also
provides for general principles such as the
inviolable rights to liberty and counsel and the
equality of all citizens before the law.
(Constitution, Art.3,13,24; Protocollo, Art.5,6).
     Principles similar to those found in the
Italian Constitution and the Convention for the
Safeguard of Human Rights can also be found in
many sections of the Penal Code and Code of Penal
Procedure.  For instance, the accused has the
right to be fully informed of the charge and of
the existing evidence against him or her, and to
be informed of the source of the evidence, such as
the identity of the claimant(s), unless this would
be detrimental to the investigation.  The accused
also has the right to remain silent and is
considered not guilty until a final sentence has
been pronounced.  Uncertainty about the guilt of
the accused due to insufficient or contradictory
evidence can result in a judgement of full
acquittal.  The accused also has the right to be
present at trial, to confront opposing witnesses,
and to have all witnesses cross-examined by the
defense attorney. (Code of Penal Procedure, Art.
65,474,486,498,499,530; Constitution, Art.27).
     In addition, the accused has the right to be
tried by a judicial panel or by a single judge,
depending on the type of court, according to
territorial jurisdiction where the crime has been
committed.  The accused cannot be removed from the
"natural judge", meaning, from the judge who is
competent to try the case, under law.  The accused
may not be tried twice for the same crime and has
the right to be tried in a fair trial, that is, by
an independent and impartial tribunal. (Code of
Penal Procedure, Art. 65,649; Constitution, Art.
25,27).

*Assistance to the accused.  The accused has the
right to select and employ a defense attorney in
order to get legal assistance and to produce
evidence in his/her defense at any stage of
judicial proceedings, including the arrest and
investigation stage.  If the accused does not
designate a defense attorney, a counsel is
appointed by the Court.  This applies to all
crimes of all types of severity. The law states
that indigents must be provided with counsel.  The
Bar Association Nation provides a roster of
available attorneys who are legally bound to
provide defense counseling.  A Bar Association
Nation exists in each district; therefore, many
rosters of attorneys are available.  If eligible,
the accused can select and employ a defense
attorney at state expense, under law.  Eligibility
is determined on the basis of personal or family
income. (Code of Penal Procedure, Art.97,190;
Constitution, Art.24; Official Gazette, July 30,
1990).

2. Procedures.  

*Preparatory procedures for bringing a suspect to
trial.  The Public Prosecutor conducts the
pre-trial investigation either directly or
indirectly by employing the investigating police. 
An investigation takes place to establish whether
there is enough circumstantial criminal evidence
to prompt penal action.  Depending on the type of
crime, the investigation must be completed within
a legally fixed period of time. (Code of Penal
Procedure, Art.326,358)
     If the prosecutor does not find probable
cause after the investigation, he or she requests
the Judge for the Preliminary Investigation
(G.I.P) to dismiss the case.  If cause is found,
the prosecutor formally charges the defendant with
the commission of the crime and requests the G.I.P
to commit the defendant for trial. (Code of Penal
Procedure, Art.405,408,416).
     After the G.I.P. holds a hearing, he or she
issues an order for trial or, in case of
unsupported charges, pronounces a no case
judgement (nolle prosequi).  In the lowest court
level, the Public Prosecutor is in charge of
signing or not signing the indictment. (Code of
Penal Procedure, Art.424,554).
     Two other forms of trial are the direct trial
(guidizio direttissimo) and the immediate trial
(giudizio immediato).   In direct trials, the
Public Prosecutor can order the accused to be
brought up to trial within 48 hours, if he or she
was caught in the midst of committing a crime.  In
immediate trials, the accused may be brought
directly to trial without the preliminary hearing,
if during the preliminary investigation there is
clear evidence of guilt. 

*Official who conducts prosecution. The
prosecution of the accused is conducted by the
Public Prosecutor. In the trial stage, prosecution
and defense are in a position of parity.  Similar
to a judge, the Public Prosecutor is a career
official (public servant) considered to be a part
of the Bench although the prosecutor is not a
judge.
     The distinction between prosecutors and
judges is based on the different functions of the
prosecutor and the judge, who are both considered
magistrates.  The Italian magistry is divided into
the inquiring magistry (magistratura requirente o
magistracy), who are the public prosecutors, and
the judging magistry (magistratura giudicante),
who are the judges.  The prosecutor is in charge
of conducting the investigation and prosecution
while the judge passes judgement on the case and
imposes a sentence.  (The terms magistrate and
magistracy refer to all judges and prosecutors,
independent of their level, competency and
jurisdiction.)   

*Alternatives to trial.  The accused does not have
the right to plead guilty to a lesser offense
(plea bargain).  (The inadmissibility of a plea
bargain in the system is based on the principle of
the obbligatorieta  dell'azione penale, which
allows no discretion in prosecution. Once
acquainted with the commission of a crime, the
judicial authority is legally bound to take action
against that particular crime and cannot choose to
seek prosecution to a lesser charge in exchange
for a plea of guilt. In other words, discretionary
or selective enforcement does not exist in the
system. The prosecutor has no discretionary power
to engage in plea bargaining. The crimes
prosecutable by the initiative of the offended
person (reati perseguibili a querela) also adheres
to this rule.)  In the case of a miscarriage of
justice, compensation for damages is provided.  In
addition, there are 3 pre-trial alternatives: 1)
Short trial (guidizio abbreviato).  Upon a
defendant's formal request, the case is decided in
the course of the preliminary hearing on the basis
of findings of the preliminary investigation,
providing that the Public Prosecutor agrees with
it.  If found guilty, the defendant is entitled to
a reduction of one-third of the penalty provided
for the crime (for instance, 6 years in prison
instead of 9).  The reduction applies to all
crimes except those incurring a life sentence. 
This alternative addresses the problem of lengthy
trials.  It was originally introduced to save both
money and time.  

2)  Imposition of specific penalty. (applicazione
della pena su richiesta delle parti).  The
prosecution and defense can jointly ask the judge
for the imposition of a specific penalty on which
they both agree, as long as the suggested penalty
does not exceed 2 years in prison, even when
reduced to one-third of the time.  If the
defendant does not commit the same kind of delitto
for 5 years after the sentence or contravvenzione
crime for 2 Years, the offense is legally
extinguished.  (Although this is informally called
bargain (patteggiamento), it is entirely different
from the plea bargain known in the United States
court system.)   

3) Penal decree of condemnation (decreto penale di
condanna).  For minor crimes punishable with fines
and/or prison up to 3 months, the Public
Prosecutor, by decree, can request the G.I.P to
condemn the defendant to pay a fine, the amount of
which is reduced up to 50% of the minimum amount
provided by law.  The decree is issued without
hearing the defendant (inaudita altera parte), who
can always oppose the  G.I.P decision, in which
case the decree loses its validity and the
defendant goes to trial.
     A cash settlement for contravvenzioni crimes
can also be reached (Oblazione nelle
contravvenzioni punite con pene alternative).  In
these cases the defendant may be permitted to pay
50% of the maximum amount of the fine provided by
law for that particular contravvenzione, plus
legal expenses. (Code of Penal Procedure,
Art.314,444-448,459; Penal Code, Art.162).  

*Proportion of prosecuted cases going to trial. 
The majority of prosecuted cases for serious
crimes go to trial, notwithstanding the use of
pre-trial alternatives in the new Code of Penal
Procedure.  Approximately 20% of all cases are
resolved by pre- trial alternatives, while 80% go
to trial.  It had been expected that the use of
new non-trial alternatives would result in 80% of
all cases being resolved without a trial. 

*Pre-trial incarceration conditions.  The Judge
for the Preliminary Investigation (G.I.P.) can opt
for pre-trial incarceration, or precautionary
custody (custodia cautelare), at the request of
the Public Prosecutor. Except in cases of
mandatory or facultative arrest, pre-trial
incarceration is permitted  only when a person is
accused of a crime carrying a maximum penalty
exceeding 3 years in prison and when at least one
of the following conditions is present: 1) Danger
of counterfeiting, destruction of evidence; 2)
Danger of escape; and 3) Danger of committing more
crimes of the same kind. (Code of Penal Procedure,
Art.274).
     Precautionary custody is permitted when other
sanctions such as a prohibition against leaving
the country or town, daily check-ins at the police
station, and house arrest are deemed insufficient.

*Bail procedure.  Bail is not allowed in the penal
system.

*Proportion of pre-trial offenders incarcerated. 
As of December 31, 1992, there were 47,588
prisoners.  The total number of convicted
offenders in prison serving a sentence were 19,855
(41.7%).  The total number of incarcerated
pre-trial offenders who were awaiting trial was
26,444 (55.6%).  (The total number of prisoners
awaiting trial includes all prisoners awaiting a
final sentence, such as those who are awaiting a
first instance judgement and all convicted
prisoners who appealed against decisions at any
stage of a criminal proceeding.)  This figure does
not include the 1,289 (2.7%) offenders subjected
to safety measures in prison who were not awaiting
trial. (National Institute of Statistics, April 5,
1993).



JUDICIAL SYSTEM


1. Administration.

     Except for the lowest court level (the
Pretura) with a single judge (Pretore), courts
consist of a judicial panel made up of a number of
stipendiary judges (giudici togati).  In the Court
of Assizes and Court of Assizes of Appeal (Corte
d'Assise e nella Corte d'Assise d'Appello) the
judicial panel consists of stipendiary and popular
judges (giudici popolari).  There is no jury.  

The Pretura.  The Pretura is a trial court and
operates in the first stage of legal proceedings. 
It has the jurisdiction to try criminal cases
carrying a maximum penalty of 4 years in prison
and cases involving: a) violence or threat to a
public officer; b) insulting a judge at trial; c)
aggravated violation of an official seal; d)
aiding an abetting; e) abuse/maltreatment; f)
aggravated brawl; g) manslaughter (non intentional
homicide); h) aggravated housebreaking; i)
aggaravated theft; l) aggaravated fraud; m)
receiving stolen goods.  The prosecution is
conducted by the Public Prosecutor at the Pretura
(Pubblico Ministero presso la Pretura). (Code of
Penal Procedure, Art.7,51).

The Court of Assizes.  The Court of Assizes (Corte
d'Assise) has jurisdiction to try crimes carrying
a maximum penalty of 24 years in prison or life
imprisonment, and other serious crimes.  The
Prosecution is conducted by the Public Prosecutor
at the Court of Assizes (Pubblico Ministero presso
la Corte d'Assise). (Code of Penal Procedure,
Art.5,51).

The Tribunal.  The Tribunal (Tribunale) has
jurisdiction over all other crimes.  The
prosecution is conducted by the Public Prosecutor
of the Tribunal (Pubblico Ministero presso il
Tribunale).  The prosecution for organized crime
(Mafia), ransom kidnapping, drug trafficking and
related crimes is conducted by the Anti-mafia
Public Prosecutor. (Procuratore Distrettuale
Antimafia). (Code of Penal Procedure, Art.6,51).

Court of Appeal.  Appeals against Tribunal and
Pretura decisions are decided by the Court of
Appeal (Corte d'Appello).  Appeals against Court
of Assizes decisions are decided by the Court of
Assizes of Appeal (Corte d'Assise d'Appello).  In
the appeal stage, prosecution is conducted by the
Attorney General at the Court of Appeal
(Procuratore Generale presso la Corte di Appello).
(Code of Penal Procedure, Art.51,593-605).

Court of Cassation.  The Court of Cassation (Corte
di Cassazione), which is the third stage of
proceedings, decides appeals concerning questions
of formal legitimacy.  The Prosecution is
conducted by the Attorney General at the Court of
Cassation (Procuratore Generale presso la Corte di
Cassazione). (Code of Penal Procedure, Art.606). 

2. Special Courts. 

Juvenile Court.  Juvenile criminal courts have
jurisdiction on crimes commited by minors between
14 and 18 years old.  The court consists of 2
stipendiary judges and 2 honorary judges 
(psychologists or experts in juvenile crime). 
There is a Court of Appeal for juveniles, with the
same judicial panel composition for appeals.

3. Judges.

*Number of judges.  As of July 21, 1993, there
were 8,174 judges in active service, of which
5,982 were male and 2,192 were female. (Ministry
of Justice). 

*Appointment and qualifications.  All judges and
prosecutors are non-elective, stipendiary public
officers.  A Masters of law degree is a necessary
qualification.  They are selected through public
national competitions and begin serving after a
period of training as uditori giudiziari under the
supervision of experienced judges.  (Constitution,
Art.106).



PENALTIES AND SENTENCING


1. Sentencing process.

*Who determines the sentence?  The judge decides
the guilt and sentence in all cases. 

*Is there a special sentencing hearing?  There is
no special sentencing hearing.  Passing sentence
and the determination of guilt occur
simultaneously.  At the end of the trial, the
judge immediately pronounces the verdict.  The
judge must issue the sentence in writing,
explaining judicial and factual motivation, and
have it made public within a maximum term of 90
days after the verdict, but usually within 15
days.

*Which persons have input into the sentencing
process? Psychiatrists, as expert witnesses for
both prosecution and defense, have input into the
sentencing process when an issue of mental
incompetency, disease, or defect is considered in
order to exclude or diminish criminal
responsibility.  However, the judge is not bound
to accept the opinion expressed by expert
witnesses.

2. Types of penalties. 

*Range of penalties. The principal penalties (pene
principali) used are prison, including life
imprisonment, and fines. Secondary penalties (pene
accessorie), which are always inflicted in
connection with the principal penalties, are
basically forms of legal interdiction or
disqualification (prohibition against holding
public and private office, forfeiture of parental
authority).  As a rule, all property crimes are
punished by imprisonment and fine. (Penal Code,
Art.18-20).
     If the penalty does not exceed 2 years in
prison and the convicted person has no previous
criminal record, the judge may suspend the
sentence for a period of 5 years for a delitto or 
2 years for a contravvenzione.  If the convicted
person does not commit a delitto or a
contravvenzione within these periods of time, the
criminal offense is extinguished. (Official
Gazette, November 30, 1981; Penal Code, Art.167).
     When pronouncing a sentence for minor crimes,
the judge may substitute imprisonment with
substitute sanctions for short-term imprisonment
(sanzioni sostitutive delle pene detentive brevi). 
These sanctions are: a) Semi-custody
(semi-detenzione): only the night is spent in
prison;  b) Release under control (liberta`
controllata): a number of restrictions are
imposed, such as not leaving town or daily
check-ins at the local police station; and c)
Pecuniary sanction/fine (pena pecuniaria).
      After a final sentence of conviction has
been pronounced, another judicial panel, the
Tribunal of Surveillance (Tribunale di
Sorveglianza), which consists of 2 stipendiary
judges and 2 experts who are not judges
(psychiatrists, psychologists, pedagogists, and
criminologists) may apply alternative measures to
detention (misure alternative all detenzione).  
The principal measures of this kind are: a)
probation (affidamento in prova al servizio
sociale);  b) House arrest (detenzione
domiciliare); and c) Semi-liberty (regime di
semiliberta`): only the night is spent in prison).
(Official Gazette, August 9, 1975).
     In addition to these penalties, which are
inflicted as penal sanctions if a person is found
guilty of a crime, the penal law provides for the
imposition of safety measures (misure di
sicurezza), on socially dangerous individuals. 
According to the Penal Code, a person is socially
dangerous if he or she has committed a crime and
there is a strong likelihood that he or she will
commit another crime in the future, given the
characteristics of the offense and the offender. 
The concept of social dangerousness is based on
the prediction of recidivism. (Constitution,
Art.25; Penal Code, Art.203).
     Safety measures are also imposed on
individuals who are not criminally liable, or if
liable, are suspectible to lesser penalties
because they were found totally or partially
mentally incompetent at the time of the crime due
to mental disease, chronic intoxication deriving
from alcohol, or drug abuse or deaf-mutism.  The
Penal Law determines the minimum length of
enforcement for each safety measure but not the
maximum.  Safety measures cannot be revoked unless
the judge decides that the subjected person is no
longer socially dangerous. (Penal Code,
Art.207,208).
     There are generally three types of safety
measures: custodial, non-custodial, and
patrimonial.  Custodial safety measures include
confinement on a prison farm or labour facility,
which is used mostly for persistent, habitual, or
professional offenders and for offenders "prone to
crime".  It also includes compulsory
hospitalization, and confinement in a reformatory
for juvenile offenders. (Penal Code,
Art.215,216,219,222,223).
     A non-custodial safety measure could mean
being released under surveillance, where the judge
prescribes a number of measures that the offender
is required to follow.  In addition, the offender
may be prohibited to reside in certain municipal
or provincial districts or to frequent pubs and
other facilities in which alcoholic beverages are
served.  If the offender is an alien, he or she
may be expelled from the country. (Penal Code,
Art.215).
     Patrimonial or property safety measures
include a process whereby the offender deposits a
sum of money as a guarantee of good behavior
throughout the application of a non-custodial
safety measure.  The security is returned if the
offender does not commit a crime which requires
arrest.  If the offender does not deposit any
security, the judge will substitute this measure
with release under surveillance.  Another
patrimonial safety measure involves the seizure of
property.  After conviction, the judge may order
that objects used for the commission of the crime
or that constitute its product or profit must be
confiscated.   (Penal Code, Art.219,236,238).
     While technically, these safety measures are
not penalties, but rather a protective device,
they are subject to the general judicial
principles which regulate penalties. 

*Death penalty.  The death penalty is not allowed,
except in case of war, under the military law.
(Constitution of the Republic, Art.27).



PRISON


1. Description. 

*Number of prisons and type.  As of July 16, 1992,
there were 154 district facilities for male
prisoners awaiting trial (Case circondariali
maschili) and 6 female facilities (Case
circondariali femminili).  There were 27
penitentiaries for convicted male prisoners
serving a sentence (Case di reclusione maschili)
and 2 female penitentiaries (Case di reclusione
femminili).  There were also 2 facilities for
working prisoners serving for safety measures
(Case di lavoro), 2 mental hospitals for offenders
(Ospedali psichiatrici giudiziari), 1 semi-custody
facility in which only the night is spent in
custody (Istituti per semiliberi), 1 national
facility where prisoners under psyhcological
observation participate in re-education and
rehabilitation programms (Istituti nazionali di
osservazione), and 4 prison facilities for drug
addicts (Case di reclusione per
tossicodipendenti). (Ministry of Justice, 1993:
224).

*Number of prison beds.  In 1987, the total number
of prison beds was 36,776.  The total number of
prison beds in juvenile facilities was 827.  (In
1986, the total number of prison beds was 36,053.
The total number of prison beds in juvenile
facilities was 705.)  (Fourth United Nations
Survey, 1992).

*Average daily population/Number of prisoners.  As
of July 16, 1992, the annual average population of
prisoners was 44,133, while the Italian prison
capacity was 33,883 inmates.  (The annual average
population of prisoners for prior years: 31,170
(November 30, 1991); 31,676 (1990); 35,187 (1989);
35,222 (1988); and 33,865 (1987), while the
Italian prison capacity was at 30,986 (November
30, 1991); 29,836 (1990); 29,779 (1989); 29,560
(1988); and 39,139 (1987). The decrease in prison
capacity between 1987 and 1988 is partly due to
the suppression of a number of prison facilities,
but mostly due to the redefinition of the
standards of capacity provided by the Ministry of
Health. (Decree of the Minister, November 23,
1988; Ministry of Justice, 1993).)  (Ministry of
Justice, 1993: 221).
     On December 31, 1992, there were 47,316
prisoners, of which 44,748 were male and 2,568
were female.  (The total number of prisoners for
prior years: 35,469 (male=33,577; female=1,892)
(1991); 25,931 (male=24,568; female=1,363) (1990),
30,680 (male=29,270; female=1,410) (1989), 31,382
(male=29,800; female=1,582) (1988), and 31,773
(male=30,183; female=1,590) (1987).)  (Ministry of
Justice of Italy, 1993: 40.)

*Number of annual admissions.  In 1992, there were
a total of 93,774 admissions into Italian prisons. 
In 1991, there were 80,234 admissions, of which
74,355 were male and 5,879 were female.  (The
number of admissions for prior years: 57,738
(male=53,307; female=4,431) (1990); 83,600
(male=76,715; female=6,885) (1989), (male=81,757;
female=7,984) (1988), and 85,875 (male=78,544;
female=7,331) (1987).)  (National Institute of
Statistics, April 5, 1993).

*Actual or estimated proportions of inmates
incarcerated. Information not available.

2. Administration. 

*Administration.   All prisons are administrated
by the State.  The General Direction for
Prevention and Penalty Institutes (Direzione
Generale degli Instituti di Prevenzione e Pena) is
a state agency, under the authority of the
Ministry of Justice whose head is usually a judge
(Direttore Generale).

*Number of prison guards.  There are a total of
28,721 penitentiary police (prison guards), of
which 751 are marshals (marescialli), 2,034 are
sergeants and vice-sergeants (brigadieri and
vicebrigadieri), and 25,936 are guards (Appuntati
e guardie).  (Ministry of Justice, 1993: 189).

*Training and qualifications.  Information not
available.

*Expenditure on prison system.  Total prison
system expenditures include personnel salaries,
functioning expenses such as goods and services
for the sustenance of the inmates, and ordinary
maintenance of the buildings.  It does not include
the costs of the penitentiary building.  The total
expenditure for 1991 was 2,277,791 million lire,
while the average daily cost per prisoner was
200,212 lire.  (In 1990, expenditures totalled
1,994,197 million lire, while the average daily
cost per prisoner was 172,477 lire.)  

3. Prison conditions.

*Remissions.  There are instances in which a
prisoner may get  time off for good behavior or
parole.  A convicted prisoner who participates in
a re-education program is entitled to early
release from prison (Liberazione anticipata)
amounting to a reduction of the length of
imprisonment equivalent to 45 days for each
6-month period spent in prison.  For example, a 5-year prison
sentence would allow for a maximum
reduction of about 15 months, resulting in 3 years
and 9 months of actual time served.  (Official
Gazette, August 9, 1975).
     A convicted prisoner who has served part of
the prison sentence and whose behavior is such
that one can regard him as  reformed, can be
released under a number of specific conditions
which, for serious crimes, are very strict. (Penal
Code Art.176,177).

*Work/education.  Inmates are required to work. 
However, prison work is not considered forced
labor and it is remunerated.  Under certain
conditions, working outside the prison is
permitted.
     Prisoners may also attend classes.  Specific
provisions have been established in order to
facilitate university studies. 

*Amenities/privileges.  Visits are allowed on a
weekly basis.  Inmates are allowed to communicate
by telegraph, in writing (and by phone with some
restictions).  They can also participate in group
therapy and educational/vocational programs. 
Medical and psychological assistance is provided
by law and takes place according to the specific
conditions of prison facilities. (Official
Gazette, August 9, 1975).



EXTRADITION AND TREATIES


*Extradition.
     The law permits extradition of both suspected
and convicted criminals to and from other
countries.  Extradition treaties exist between
Italy and the following countries: Argentina,
Australia, Austria, Bahamas, Belgium, Bolivia,
Brazil (imminent), Canada, Czechoslovakia, Cipro,
Costa Rica, Cuba, Denmark, Finland, France,
Germany, Greece, Hungary, India, Ireland, Israel,
Kenya, Lebanon, Lesotho, Liechtenstein,
Luxembourg, Malta, Mexico, Monaco, Morocco,
Netherlands, New Zealand, Norway, Paraguay,
Poland, Portugal, Romania, San Marino, San
Salvador, Singapore, Spain, Sri Lanka, South
Africa, Sweden, Switzerland, Tunisia, Turkey,
Uruguay, United Kingdom, United States, the
Vatican City, Venezuela, and Yugoslavia (Croatia
and Slovenia). (Pisani and Mosconi, 1993).
     In  1991, there were 172 extraditions made to
Italy from other countries and 89 extraditions
made from Italy to other countries.  (Extraditions
made to Italy from other countries and from Italy
to other countries for earlier years were,
respectively, 106 and 39 (1990); 90 and 45 (1989);
113 and 38 (1988); and 124 and 48 (1987).)
(National Institute of Statistics, 1991).

*Exchange and transfer of prisoners.  Prisoners
cannot be exchanged but they can be transferred in
order to serve their sentence in other countries
or transferred from other countries to serve their
sentence in Italy.  Transfer of prisoners is
permitted according to the provision stated in the
treaties.  The transfer of prisoners is permitted
among the following countries: Austria, Bahamas,
Belgium, Bulgaria, Canada, Cipro, Czech Republic,
Denmark, Finland, France, Germany, Greece,
Hungary, Ireland, Liechtenstein, Luxembourg,
Malta, Netherlands, Norway, Poland, Portugal, San
Marino, Slovakia Republic, Spain, Sweden,
Switzerland, Thailand, Turkey, United Kingdom, and
the United States. (Pisani and Mosconi, 1993).

*Specified conditions.  There are some legal
limitations to extradition.  For example,
extradition can be permitted only if expressly
provided by international conventions.  It is not
permitted for political crimes or if there is
reason to believe that the suspect or convict will
be sujected to persecution or discrimination
because of his or her race, religion, sex,
nationality, language, political opinions,
personal or social conditions, or that he or she
will be subject to cruel, inhuman or degrading
penalties (including death penalty), and/or
treatment, or that his or her basic human rights
will be violated unless otherwise arranged in the
international conventions.  Extradition procedures
are provided by the Code of Penal Procedure.
(Constitution, Art.10,26; Code of Penal Procedure,
Art.696-722). 



SOURCES


Antolisei, Francesco, Handbook of Penal Law.
     General Section, Tenth Edition. (Milano:
     Giuffre`), 1985. (Manuale di Direitto
     penale, Parte Generale, Decima Edizione).
Code of Penal Procedure, See: Official Gazette,
     Code of Penal Procedure (supplement), n. 254,
     October 29, 1930 and Official Gazette, Code
     of Penal Procedure. President of the
     Republic Decree, September 22, 1988, n. 447,
     in ordinary supplement n. 1, general series,
     n. 250, October 24, 1988.  (Codice di
     procedurea penale. Decreto del Presidente
     della Repubblica, 22 settembre 1988, n. 447
     in supplemento ordinario n. 1. alla Gazzetta
     Ufficiale, serie generale, n. 250, 24
     ottobre, 1988).

Convention for the Safeguard of Human Rights and
     of Fundamental Liberties.  Signed in Rome,
     November 4, 1950.  Additional Protocol to the
     Convention. Signed in Paris, March 20, 1952.
     (Convenzione per la salvaguardia dei diritti
     dell'uomo e delle liberta' fondamentali
     liberties. Protocollo addizionale all
     Convenzione.).
Fourth United Nation Survey of Crime Trends and
     Operations of Criminal Justice Systems, 1992.
     Crime Prevention and Criminal Justice Branch
     Centre for Social Development and
     Humanitarian Affairs, United Nations Office
     at Vienna; Statistical Office,United Nations,
     New York.
Kerper, Hazel B., J.D. Introduction to the
     Criminal Justice System.  Criminal Justice
     Series. St. Paul, Minnesota: West Publishing
     Company, 1972.
Ministry of Justice of Italy. Phone or personal
     communication. 
Ministry of Justice of Italy, White Book:
     Essential Data on the Italian Correctional
     System in Figures, 1993, Prison
     Administration Department, Rome, Table II.4,
     VI.5.
National Institute of Statistics, Fourth United
     Nation Survey of Crime Trends and Operations
     of Criminal Justice System, National
     Institute of Statistics, General Director's
     Secretary's Office.  Rome, October 30, 1992.
     (Instituto Nazionale di Statistica,
     Segreteria del Direttore Generale).
National Institute of Statistics, press release,
     Rome, March 17, 1993. (Istituto Nazionale di
     Statistica (ISTAT), comunicato stampa del 17
     Marzo 1993.)
National Institute of Statistics, press release,
     Rome, April 5, 1993. (Istituto Nazionale di
     Statistica (ISTAT), comunicato stampa del 5
     Aprile 1993.)
National Institute of Statistics, Yearbook of
     Statistics:  Individuals Admitted to Prison,
     Years 1986-1992. (Istituto Nazionale di
     Statistica (ISTAT), Annuario Statistico
     Italiano.  Roma: Entrati negli istiuti
     penitenziari).
National Institute of Statistics, Italian Yearbook
     of Statistics, 1991. Crimes Reported by the
     Police to the Judicial Authority According to
     the Type of Offense, years 1987-1991. Rome.
     (Istituto Nazionale di Statistica-ISTAT.
     Roma, Annuario Statistico Italiano: Delitti
     denunciati all 'Autorita guidiziaria dalle
     forze dell'ordine, Polizia di Stato,
     Carabinieri e Guardia di Finanza, perspecie
     del delitto, anni 1986-1992.).
Newman, Graeme and Marongiu, Pietro. "Penological
     Reform and the Myth of Beccaria.",
     Criminology, vol. 28, 1990, pps. 325-346.
Official Gazette, Penal Code (supplement), n. 253,
     October 28, 1930. Effective on July 1, 1931.
     (Gazzetta Ufficiale(supplemento), Codice
     Penale, n. 253, 28 ottobre 1930, entrato
     in vigore il primo luglio 1931. 
Official Gazette, Code of Penal Procedure
     (supplement), n. 254, October 29, 1930.
     Effective on July 1, 1931. (Gazzetta
     Ufficiale (supplemento), Codice di procedura
     penale. n. 254, 29 ottobre 1930, entrato in
     vigore il primo luglio 1931. 
Official Gazette, Constitution of the Italian
     Republic. n. 289, December 27, 1947.
     Effective on January 1, 1948. (Costituzione
     della Repubblica Italiana, in Gazzetta
     Ufficiale, n. 289. 27 Dicembre 1947. entrata
     in vigore il primo Gennaio, 1948).
Official Gazette, Statute Law. March 13, 1953, n.
     87. March 14, 1953, n. 62. (Gazzetta
     Ufficiale, Legge 13 marzo 1953, n. 87,
     14 marzo 1953, n. 62).
Official Gazette, Statute Law. August 4, 1955, n.
     848, in n. 221, September 24, 1955. (Gazzetta
     Ufficiale, Legge 4 agosto 1955, n. 848, n.
     221 del 24 settembre 1955).
Official Gazette, Statute Law, July 26, n. 354
     [in] n. 212 August 9, 1975, ordinary
     supplement, art. 73. (Legge 26 luglio 1975,
     n. 354, in Gazzetta Ufficiale, 9 agosto 1975,
     n. 212, supplemento ordinario, supplemento
     ordinario, art. 54).
Official Gazette, Statute Law, with subsequent
     modifications.  August 9, 1975. (Legge 26
     luglio 1975, n. 345. Gazzetta
     Ufficiale, 9 Agosto 1975, n. 212, supplemento
     ordinario).
Official Gazette, Statute Law. November 30, 1981.
     (Legge 24 novembre 1981 n. 689, in Gazzetta
     Ufficiale 30 novembre 1981, n. 329,
     Supplemento, art. 53).  
Official Gazette, Regulations Stating the General
     Standards to Which State Police Weapons Must
     Conform. President of the Republic Decree,
     March 13, 1986. n. 135, General series, May
     2, 1986. (Decreto del Presidente della
     Repubblica, 13 marzo 1986, n. 135
     "Regolamento che stabilisce i criteri per la
     determinazione dell'armamento in dotazione a
     ll'Amministrazione della pubblica sicurezza e
     al personale della Polizia di Stato che
     spleta funzioni di polizia").
Official Gazette, President of the Republic's
     Decree, June 11, 1986, no. 423, general
     series no. 176, August 1, 1986. (Decreto del
     Presidente della Repubblica, 11 giugno 1986,
     n. 423, in Gazzetta Ufficiale n. 423, serie
     generale, n. 176, 1 Agosto 1986).
Official Gazette, Regulations of the      
Specialization School for Police Forces,
     President of the Republic's Decree, June 11,
     1986, no. 423, general series no. 176, August
     1, 1986. (Regolamento (Regulations) della
     Scuola di Perfezionamento per le Forze di
     Polizia , Decreto del Presidente della     
Repubblica, 11 giugno 1986, n. 423, in
     Gazzetta Ufficiale n. 423, serie generale, n.
     176, 1 Agosto 1986).
Official Gazette, Code of Penal Procedure.
     President of the Republic Decree, September
     22, 1988, n. 447, in ordinary supplement n.
     1, general series, n. 250, October 24, 1988.
     (Codice di procedurea penale. Decreto del
     Presidente della Repubblica, 22 settembre
     1988, n. 447 in supplemento ordinario n. 1.
     alla Gazzetta Ufficiale, serie generale, n.
     250, 24 ottobre, 1988).
Official Gazette, Statute Law, n. 217, July 30,
     1990. (Legge 30 luglio 1990 n. 217. Gazzetta
     Ufficiale.  Serie generale, n. 82, 6 agosto
     1990).  
Official Gazette, Statute Law, October 20, 1990,
     n. 302, [in] n. 250, October 25, 1990).
     (Legge 20 ottobre 1990, n. 302, in Gazzetta
     Ufficiale, 25 ottobre 1990 n. 250).
Official Gazette, President of the Republic
     Decree, October 9, 1990, n. 309, art. 75,
     general series, n. 255, October 31, 1990.
     (Gazzetta Ufficiale, Decreto del Presidente
     della Repubblica, 9 ottobre 1990, n. 309,
     art. 75, n. 255, 31 ottobre, 1990.).
Official Gazette, Government's Decree n. 345,
     October 29, 1991, general series, n. 256,
     November 6, 1991, turned into the statute law
     December 30, 1991, n. 410, in the Official
     Gazette, general series, n. 34, December 31,
     1991. (Decreto Legge n. 345 del 29 ottobre
     1991, in Gazzetta Ufficiale, serie generale,
     n. 256, 6 novembre 1991, convertito in Legge
     30 dicembre 1991, n. 410, in Gazzetta
     ufficiale, serie generale, n. 34, 31 dicembre
     1991).
Official Gazette, general series, no. 1, January
      2, 1992. (Decreto Legge 31 dicembre 1991, n.
      419, in Gazzetta Ufficiale, serie generale,
      n. 1, 2 gennaio 1992).
Official Gazette, August 7, 1992, n. 365, general
      series, n. 185, August 7, 1992. (Legge 7
      agosto 1992, n. 365, in Gazzetta Ufficiale,
      serie generale, no. 185, 7 agosto, 1992).
Official Gazette, Government's Decree, December
      31, 1991, general series, n. 1., January 2,
      1992, turned (with modifications) into
      statute law February 18, 1992, n. 172.
      (Gazzetta Ufficiale, Decreto Legge 31
      dicembre n. 419, Serie generale, n.1, 2
      gennaio 1992, convertito con modificazioni
      nella Legge 18 febbraio 1992. n. 172.).
Official Gazette, Presidents of the Republic
      Decree, general series, n. 130, June 5,
      1993. (Gazetta Ufficiale, n. 423, serie
      generale, n. 176, 1 Agosto 1986, Decreto del
      Presidente della Repubblica, 5 giugno 1993,
      n. 171).
Official Gazette, State Budget for the Financial
      Year 1994, ordinary supplement, no. 303,
      general series, December 28, 1993. (Gazzetta
      Ufficiale dello Stato, Bilancio di
      previsione dello Stato per l'anno
      finanziario 1994, Legge 24 dicembre
      1993, n. 539, in supplemento ordinario, n.
      303, serie generale, del 28 dicembre 1993).
Penal Code, See: Official Gazette, Penal Code
      (supplement), n. 253, Ocotber 28, 1930.
      Effective on July 1, 1931. (Gazzetta
      Ufficiale (supplemento), Codice Penale, n.
      253, 28 ottobre 1930, entrato in vigore il
      primo luglio 1931. 
Pisani, Mario and Mosconi, Franco, Code of the
      Conventions and Judicial Assistence in Penal
      Matter. (Milano: Giuffre`), 1993.  (Codice
      delle convenzioni di estradizione e di
      assitenza guidiziaria in materia penale). 


Pietro Marongiu 
University of Cagliari
13 Via Liguria
09127 Caliari
Italy

Fax: 011-39-70-496295
E-mail:  rudas@vaxcal.unica.it

Mario Biddau
Corte d'Apello di Cagliari
Piazza Republica
09100 Cagliari
Italy