Italy

Crime

According to the current Italian criminal code, crimes can be divided into offenses and contraventions. This distinction is based merely on the type of punishment that these crimes entail. Offenses are punishable by life sentence, detention, or fine, whereas contraventions are punishable by amend (a monetary punishment that is less than a standard fine) and arrest. In addition, although offenses require the mens rea (dolo), contraventions only require fault (colpa). Offenses can be further subdivided into offenses with mens rea, fault, and preterintentions (preterintenzione). Offenses can be classified in various categories, such as offenses against the state, the public administration, the administration of justice, public order, and so on.

Criminal proceedings begin with the registration of the crime report (notizia di reato) with the office of the public prosecutor. This report leads to a preliminary investigation that can result in either a request for archivation (not to prosecute) or a request for prosecution. Prosecution is characterized by the indictment (imputazione), which contains the objective and subjective details of the accusation and may be exercised either by starting ordinary legal proceedings or by triggering one of the special, or fast-track, proceedings. In ordinary proceedings, a preliminary hearing takes place before a judge, who may issue either a decree for the continuation of the proceedings or a sentence not to proceed (sentenza di non luogo a procedere). If the proceedings go on, various public hearings may follow. These hearings are mainly oral ones, and the judge may either acquit or convict the individual. Prosecution also may be exercised through several special and fast-track proceedings that allow for the preliminary hearing to be missed—for example, the direct and immediate proceedings (giudizio direttissimo and giudizio immediato). At the completion of the trial, those who are not satisfied with its outcome may appeal on both legal and factual grounds. In any case, all sentences may be appealed to the Supreme Court of Cassation (Corte di Cassazione) on legal grounds only. After pursuing all instances, the sentence will become final (res judicata) and will carry power of execution—that is, enforcement by the relevant agencies.

One of the main problems that the Italian justice system has faced is the length of trials and the huge number of pending and outstanding cases. It has been reported, however, that the number of pending cases decreased 4.22 percent in 1999–2000 (Ministero della Giustizia 2001).

A decrease in the total numbers of types of offense has also been reported. In particular, in the year 1999–2000, the following cases were

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