NCJ Number
59652
Date Published
1978
Length
295 pages
Annotation
THE ITALIAN PENAL CODE OF 1930, IN FORCE JULY 1, 1931, WITH AMENDMENTS AS OF JULY 1, 1977, IS PRESENTED.
Abstract
STATUTES AND ARTICLES UNDER GENERAL OFFENSES INCLUDE THOSE REGARDING THE PENAL LAW; PUNISHMENTS; OFFENSES; THE OFFENDER AND THE VICTIM OF THE OFFENSE; MODIFICATION, APPLICATION, AND EXECUTION OF PUNISHMENT; EXTINCTION OF THE OFFENSE AND PUNISHMENT; CIVIL SANCTIONS; AND ADMINISTRATIVE MEASURES OF SECURITY. THOSE UNDER PARTICULAR CRIMES DEAL WITH CRIMES AGAINST THE PERSONALITY OF THE STATE, CRIMES AGAINST THE PUBLIC ADMINISTRATION, CRIMES AGAINST THE ADMINISTRATION OF JUSTICE, CRIMES AGAINST RELIGIOUS SENTIMENT AND REVERENCE FOR THE DEAD, CRIMES AGAINST PUBLIC ORDER, CRIMES AGAINST PUBLIC SAFETY, CRIMES AGAINST PUBLIC CONFIDENCE, ETC. POLICE MISDEMEANORS AND MISDEMEANORS RELATED TO SOCIAL ACTIVITIES OF THE PUBLIC ADMINISTRATION ARE LISTED UNDER MISDEMEANORS IN PARTICULAR. AMONG THE LEADING CHARACTERISTICS OF THE CODE ARE: (1) A RECOGNITION OF THE CLASSIC PRINCIPLE OF LEGALITY, THAT PUNISHMENT MAY BE IMPOSED ONLY IN ACCORDANCE WITH THE SPECIFIC TERMS OF THE CRIMINAL LAW; (2) ADHERENCE (ALTHOUGH WITH QUALIFICATION) TO THE PRINCIPLE OF MORAL FAULT OR PERSONAL RESPONSIBILITY AS AN ESSENTIAL PREREQUISITE OF CRIMINAL LIABILITY; (3) A TENDENCY TO USE RELATIVELY HARSH SANCTIONS, REFLECTED NOT ONLY IN A HIGH GENERAL LEVEL OF PUNISHMENT, BUT ALSO IN OCCASIONAL LAPSES FROM THE PRINCIPLE OF FAULT AND THE IMPOSITION OF SECURITY MEASURES APART FROM PUNISHMENT; AND (4) A NUMBER OF PROVISIONS IN THE SPECIAL PART DESIGNED TO DISCOURAGE OPINIONS AND ATTITUDES DEEMED DANGEROUS OR OTHERWISE UNCONGENIAL TO AUTHORITY. THE FIRST TWO CHARACTERISTICS ARE GENERALLY ACCOUNTED LIBERAL PRINCIPLES, BUT THE LATTER TWO CHARACTERISTICS REFLECT THE CODE'S ORIGIN IN THE FASCIST REGIME OF BENITO MUSSOLINI. THE PRESENTATION OF THE CODE IS PRECEDED BY A DESCRIPTION OF ITS HISTORY. (RCB)