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UN Profile - Italy

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2.0. GENERAL BACKGROUND
 
 
The basic statute in the field of substantive criminal law is the Criminal Code
of 19 October 1930 (Codice Rocco).  At the time it was passed, it contained all
the characteristics of the criminal law philosophy of the time.  The idea of
deterrence had been prevalent and this could be seen in the system of penalties
as well as in the ways the Code dealt with professional and habitual offenders.
The Code has been amended several times.  The amendment of 1975 broadened the
possibilities of imposing probation; the amendment of 1981 decriminalized those
minor offences that had been transferred to the category of petty offences or
administrative infractions.  The same amendment of the Code also introduced new
substitutes for shortterm imprisonment.  The amendment of 1984 modified the
terms of pretrial detention and the competence of judges of first instance and
appeal.
 
The basic operation and outline of the Italian criminal justice is determined
primarily by the Code of Criminal Procedure enacted in 1930.  The Code has been
amended several times.  One major amendment was passed in 1955.  The police are
charged with preliminary investigation of alleged offences and detection of
their perpetrators, including the collection and holding of evidence.  The
defence counsel has the right to be present when the suspect is being questioned
by the police.  The police are obliged to report to the judicial authorities all
offences involving ex officio prosecution which come to their attention.
 
If a suspect is arrested the defence counsel must be present at any
interrogation.  However, according to a provision introduced in 1978, the
participation of the defence counsel is not necessary when the continuation of
the investigation requires the urgent interrogation of a suspect.  In such a
case the police prosecutor and the defence counsel must be notified.  The
statements of the suspect may not be minuted for use in judicial proceedings.
 
The police can remand a suspected person in custody for 48 hours.  The judicial
authority must be informed of the decision within this period.  During the
following 48 hours the judicial authority must interrogate the suspect and
decide on the legality of the deprivation of liberty and on the need for custody
pending trial.  The public prosecutor is bound by the legality principle in the
presentation of formal charges.
 
Judicial proceedings begin with a preliminary judicial investigation.  In the
case of flagrant offences, offences admitted by the suspect or demonstrated by
clear evidence, the investigation is conducted by a magistrate of the public
prosecutor's office ("istruzione sommaria").  In all other cases, the
investigation is carried out by an investigating judge ("istruzione formale").
It is the public prosecutor who decides which of the two procedures is to be
followed, but a suspect may request that the investigating judge undertake the
preliminary enquiry.  If the suspect is in custody, the investigation must be
carried out by the investigating judge if, after 40 days, the public prosecutor
has not asked for discharge or trial.
 
The 1930 Code of Criminal Procedure was inspired by the principle of secrecy,
and therefore the presence of the defence counsel was not allowed in all
judicial acts of investigation.  In 1955 a law granted the defence counsel the
right to be present at certain stages.  An extension of the stages in which the
right of defence must be assured followed over the next years due to the
intervention of the Constitutional Court.  Today, the defence counsel has the
right to be present during the following stages: the interrogation of the
suspect, enunciation of a judicial view or expert judgement, and search.
 
The provisions regulating pretrial detention have changed frequently.  A law
enacted in August 1984 has considerably shortened the maximum term allowable.
According to this law, the maximum period of custody pending trial is fixed at 6
years for the most serious crimes (those carrying a minimum period of
imprisonment of twenty years or life) and at 5 months for the less serious
offences (those carrying a maximum of three years).
 
Within these periods of time, the appeal procedure (on question of fact) and the
cassation procedure (on points of law) in addition to the new judgment after a
cassation decision, must have been completed.  Furthermore, the various phases
of proceedings carry their own maxima.  For example the judgment of the first
instance must be pronounced within thirty days for the less serious crimes and
within one and a half years for the most serious ones, the period being measured
from the end of the judicial investigation.  During investigation the judge may
discontinue the proceedings and discharge the accused.
 
The minimum age of criminal responsibility is fourteen for minors and eighteen
for adults.  Between the ages fourteen and eighteen, the judge must establish
whether the minor has reached a sufficient level of maturity to be considered
responsible for his or her acts.
 
Because the Code of Criminal Procedure was enacted under different social and
political conditions and it has often been amended, work was undertaken on a new
draft during the 1970s.  The new Code of Criminal Procedure has been passed and
will come into force in October 1989.  It will be designed to accord with the
demands laid down by the Italian Constitution and relevant international
agreements.  It should guarantee greater rights to the defendant and transform
the socalled mixed procedure into a primarily adversarial procedure.
 
 
Selected offences
 
Intentional homicide.  According to the Second United Nations Survey, the number
of cases reported to the police was 1 977 in 1980, while in 1986 the number of
those brought into formal contact with the criminal justice system (imputato)
was 2 138.  This represents a rise of 8 % (if data are comparable).  As to the
number of people sentenced, there is a very small rise, from 452 to 463.  It is
noteworthy, however, that only 21  % of those "imputato" (reported to the
police) were sentenced; the number of persons prosecuted for this offence was 2
306 in 1980 and 1 896 in 1986.
 
Assault.  The data provided in the response to the Third United Nations Survey
show that very important changes must have taken place between 1980 and 1986 as
regards the police role in reporting and selecting assault cases.  According to
the response to the Second United Nations Survey, 32 118 persons were suspected
of assault in 1986, but according to the response to the Third Survey, only 16
164 persons were suspected of this same offence.  The drop in the number of
sentenced people was far less marked (1 528 to 1 284, or 16  %).  The most
striking feature is probably the fact that only 8 % of all those who were
reported to the police (imputati) were sentenced (31 608 in 1980 and 27 653 in
1986).
 
Robbery.  With this offence a clear rise can be seen at all stages of the
procedure if we compare 1980 with 1986.  According to the response to the Second
Survey, 4 303 people were suspected of robbery in 1980; according to the Third
Survey, 6 819 people were suspected of this in 1986.  The rise in numbers
prosecuted is 16 % (5 204 in 1980 and 6 252 in 1986), and the rise in those
sentenced amounts to 10 % (2 360 and 3603, respectively.  The percentage of
those sentenced as a percentage of those reported to the police (38 %) is
relatively high compared with other offences analyzed.
 
Theft.  Again, a comparison of the responses to the Second and Third Surveys
suggest that some important changes must have taken place in the exercise of
police discretion between 1980 and 1986.  The number of persons reported to the
police as suspects in 1986 (95 714) has dropped considerably from the figure for
1980 (170 170).  The drop from 1980 to 1986 in the number prosecuted (64 026 and
60 193, respectively) and the number sentenced (22 181 and 18 017, respectively)
is much smaller than the drop in the number reported to the police.  In 1986,
only one in five of those reported to the police was sentenced.  In 1980, the
ratio had been one in eight.
 
There is a general impression that, between 1980 and 1986, the police have, for
whatever reason, identified fewer people as suspects in relation to minor
offences (assault and theft, including minor cases).  Despite this, almost as
many people are sentenced for the less serious offences at the end as at the
beginning of the period.  This change of practice is perhaps due to the
amendment of the Criminal Code in 1981 as it concerned petty crime.  In contrast
to the picture for petty offences, the numbers of those suspected of serious
crimes did not change markedly over the period in question.  The proportion of
those suspected of serious crimes who are eventually sentenced is very much
higher than is the case for less serious crimes.
 
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2.1. STATISTICS --BACKGROUND
 
 
---------------------------------------------------------------------------
2.2. CRIMINAL JUSTICE STATISTICS (1970-1980) Background
  Insert notes and exceptions to the general definitions and recording practices.
---------------------------------------------------------------------------
2.3. Offenses Reported To The Police
 
Crime       Years                   Total Numbers
MURDER      70-75    1234      1348      1359      1702      1716      1451
MURDER      75-80    1639      1683      2056      1887      1961      1977
ASSAULT     70-75   31660     31262     31520     30188     28788     25669
ASSAULT     75-80   32044     32517     37167     45892     44628     32118
SEX CRIME   70-75    9659      8624      8695      8233      7751      6696
RAPE        75-80    1849      1872      2532      2366      2950      1844
ROBBERY     70-75
ROBBERY     75-80    3340      4308      4142      3817      4227      4303
THEFT       70-75  546269    643027    934191   1118617   1318145   1384472
THEFT       75-80  224444    264234         M         M    188207    170170
FRAUD       70-75   28977     25872     28803     26346     27127
FRAUD       75-80   19990     21524     24579     29598     26990     22272
KIDNAPING   70-75     268       270       272       220       221
KIDNAPING   75-80      63        48        75        43        59        38
TOTAL CRIMES
            70-75
            75-80 1894620   2044394   1912053   1983948   2086042   1919651
DRUG USE    70-75     698       647       924      1921      2381      3348
DRUG CRIMES
            75-80    3347      2387      2714      4159      5242      7783
DRUG TRAFFIC
            70-75
            75-80
BRIBERY     70-75
BRIBERY     75-80     371       441       504       795       652       557
---------------------------------------------------------------------------
2.4. Offenders apprehended or arrested
OFFENDERS   70-75  500121    486178    493453    439653    440120    439728
OFFENDERS   75-80       M         M         M         M         M         M
JUVENILES   70-75   23611     22638     24999     25248     24912     25111
JUVENILES   75-80
---------------------------------------------------------------------------
2.5. Offenders Convicted
 
 
---------------------------------------------------------------------------
2.6. Sanctions - Background
 
The data available for comparison refer to 1982 and 1986.  A very rough
classification of penal sanctions reveals the following picture:
 
Sanction               1982        %     1986         %
 
deprivation of liberty62 511      42   51 250        37
warning, admonition  36 903       24   25 986        19
fine, unconditional  51 690       34   60 081        44
total               151 104      100  137 317       100
 
The table shows that between 1980 and 1986 there was a decrease (10 %) in the
total number sentenced.  The proportionate use of imprisonment has decreased
from 42 % in 1982 to 37 % in 1986 while the proportionate use of the fine has
increased by 10 %.
 
The total number of prisoners on 31 December 1986 was 33 609, of whom 20 099 (60
%) were in pretrial detention.
 
In 1986, there were 385 prisons for adults.  Of these, 283 had a smaller
capacity than 100 prisoners, 91 from 100 to 499, 6 had from 500 up to 999 places
and 5 could accommodate more than 1 000.  The total prison capacity was 35 647.
In addition, there were 1 111 places in penal and correctional institutions for
juveniles.
 
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2.7. Prison Statistics
 
 
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2.8. Criminal Justice Personnel and rsources - background
 
 
The response reports that 7 711 milliard (billion) lire (6410 million USD) were
allocated for the police, and 1 362 milliards (billion) lire (1130 million USD)
were allocated for the prison system.
 
As to the number of personnel in the criminal justice system the response gives
the following data:
 
police force              76 092
public prosecutors        1 540
judges and magistrates     1 731
prison staff              30 546
 
There is no mention as to whether the judges and magistrates deal with criminal
matters only.  In view of the small number reported, one would presume that this
is the case.
 
---------------------------------------------------------------------------
2.9. Criminal Justice Resources Statistics
POLICE     1973
POLICE     75-80
JUDGES     1973                 521       531       529       521       529
PROSEC     70-72                 70        68        71        68        71
---------------------------------------------------------------------------
3.0. CRIMINAL JUSTICE STATISTICS (1980-1985)
---------------------------------------------------------------------------
3.1. Offenses Reported To The Police
              1980       1981     1982      1983      1984     1985      1986
 
TOTAL      1139201   1180421   1123655   1207242   1273694   1364010   1403214
INT.HOM.      1549      1838      2139      3024      2829      2474      2483
NON.INT.HOM.   352       308       313       657       394       385       307
MAJ.ASSAULTS 17606     18374     16933     15820     16574     15667     16084
RAPES            M         M         M      1007       849       681       672
ROBBERIES     9408     10507     12984     20274     20707     23907     24734
THFETS      771231    812596    778258    879882    899375    960640    986013
FRAUDS       12940     13848     11890     18247     20026     24160     25175
EMBEZZLEMENT  1877      1927      1984         M         M         M         M
KIDNAPPING     177       200       217       723       566       531       607
OTHER DRUG    2771      3630      5451     11275     12277     12410     13819
OTHER         3775      4101      4064      7249      6240      6052      5910
 
---------------------------------------------------------------------------
3.2. Offenders apprehended or arrested
 
Suspected Offenders
              1980       1981     1982      1983      1984     1985      1986
 
TOTAL            M         M         M    388214    444268    456184    469703
INT.HOM.         M         M         M      2686      2562      2260      2138
NON.INT.HOM.     M         M         M       658       425       418       347
ASSAULT          M         M         M     16009     17221     16119     16164
RAPE             M         M         M      1062       953       805       740
ROBBERY          M         M         M      6790      6824      7254      6819
THEFT            M         M         M     93918     96866     95489     95714
FRAUD            M         M         M     16975     19041     23559     24789
KIDNAPPING       M         M         M      1033       926       812       878
OTHER DRUG       M         M         M     16725     18362     18666     21182
OTHER            M         M         M     12943     12943      9209      9097
 
Persons Prosecuted
              1980       1981     1982      1983      1984     1985      1986
 
TOTAL       508036    556795              553312              657586
INT.HOM.      2306      2323      2166      1968      1814      1922      1896
NON.INT.HOM.  5916      6039      5598      5532      5042      5110      5581
ASSAULT      31608     32462     32110     29866     27480     27708     27653
RAPE          1010      1294       940      1001       898       928      1062
ROBBERY       5204      5482      5915      6232      5840      6972      6252
THEFT        64026     66283     66871     69530     68775     71064     60193
FRAUD        15180     18162     19552     19603     20982     23176     25016
EMBEZZLEMENT  4007      4144      4272      4892      5372      5931      6616
KIDNAPPING     610       737       655       768       669       652       693
BRIBERY        126       158       233       303       204       239       248
 
---------------------------------------------------------------------------
3.3. Offenders Convicted
 
              1980       1981     1982      1983      1984     1985      1986
 
TOTAL       134344    131820    121374    124463    110551    111931    113828
INT.HOM.       452       491       581       571       448       663       463
NON.INT.HOM.  4243      3345      3884      3426      2478      2229      1988
ASSAULT       1528      1642      1241      1339      1095      1189      1284
RAPE           403       329       500       446       337       272       206
ROBBERY       2360      2450      3014      2660      2663      2640      2603
THEFT        22181     21300     21946     18370     15947     15963     18017
FRAUD         1344      1546      1376      1434      1397      1303      1182
EMBEZZLEMENT   332       303       241       200       259       269       266
KIDNAPPING      59        49        82        52        91        74        78
OTHER DRUG     775      1128      1969      2577      2423      2782      3087
BRIBERY         91        61        78        83        83        57        41
 
---------------------------------------------------------------------------
3.4. Prisoners
 
Prison Admissions
              1980       1981     1982      1983      1984     1985      1986
 
TOTAL        92576    101143    102925    107868    112834     95329     79059
INT.HOM.      1848      2050      2037      2053      1971      1994      1675
NON.INT.HOM.   234       328       253       223       162       176       175
ASSAULT       1776      2080      1483      1508      1473      1164      1053
RAPE         32288     33182     36617     35474     34167     23910     19428
ROBBERY       5014      5503      6184      6440      6740      7078      5689
THEFT          532       531       608       552       629       517       493
FRAUD         2041      2555      1641      1537      1657      1534      1096
EMBEZZLEMENT   110       118        91       104       128        89       118
KIDNAPPING     456       454       446       423       366       329       237
BRIBERY        279       263       281       416       333       361       316
 
Convicted Prisoners
              1980       1981     1982      1983      1984     1985      1986
 
TOTAL         9191      7500      9294     11419     13592     15528     11906
 
---------------------------------------------------------------------------
3.5. Criminal Justice Resources Statistics
 
CRJ Personnel
              1980       1981     1982      1983      1984     1985      1986
 
POLICE                           69288               76715               76092
PROSECUTORS                       1520                1525                1540
PROF.JUDGES                       1765                1715                1731
MAN.STF.-ADULT                    1372                1668                1912
CUST.STF.-ADULT                  19120               22021               22788
TREAT.STF.-ADULT                  1960                2769                4287
OTHER STF.-ADULT                  1050                1108                1559
TREAT.STF.-JUV.                    709                 741                 702
 
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4.0. Selected Issues
 
---------------------------------------------------------------------------
 

TRAITOR McCain

jewn McCain

ASSASSIN of JFK, Patton, many other Whites

killed 264 MILLION Christians in WWII

killed 64 million Christians in Russia

holocaust denier extraordinaire--denying the Armenian holocaust

millions dead in the Middle East

tens of millions of dead Christians

LOST $1.2 TRILLION in Pentagon
spearheaded torture & sodomy of all non-jews
millions dead in Iraq

42 dead, mass murderer Goldman LOVED by jews

serial killer of 13 Christians

the REAL terrorists--not a single one is an Arab

serial killers are all jews

framed Christians for anti-semitism, got caught
left 350 firemen behind to die in WTC

legally insane debarred lawyer CENSORED free speech

mother of all fnazis, certified mentally ill

10,000 Whites DEAD from one jew LIE

moser HATED by jews: he followed the law

f.ck Jesus--from a "news" person!!

1000 fold the child of perdition

 

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