Judiciary of Italy
[5] The Ufficio del massimario within the Corte suprema di cassazione is entrusted with identifying and systemising the so-called massime - namely, particularly important legal principles - for publication in the civil and criminal case reports.
The Civil Code, significantly revised from its original 1865 enactment to the version introduced in 1942, addresses private law matters such as contracts, property, corporations and companies, labour, family relations, and inheritance.
This code reintroduced the death penalty and included provisions that emphasised state security and public order, reflecting the legal and social context of its time under the Fascist regime.
Subsequent modifications to the Penal Code, especially following the adoption of the Constitution in 1948, have been aimed at aligning the legal system with the principles of democracy, human rights, and the rule of law.
As stipulated in Article 104 of the Constitution of the Italian Republic,[9] the judiciary operates as an autonomous branch of the State whose province is the interpretation and application of the law.
Prosecutors have a legal monopoly over the initiation of criminal proceedings, thereby acting in full independence but endorsing some form of direct, or indirect, responsibility vis-à-vis the public.
Judges and public prosecutors, once appointed, enjoy security of tenure, subject to removal only with their consent or by decision of their governing body, based on specific legal grounds.
These civil servants are known as magistrates, namely, those who are called upon by law to read and apply statutes, administrative acts and non-constitutional sources in cases brought before courts, including, but not limited to, disputes among individuals.
[30] Public prosecutor offices, called Procura della Repubblica, are organised within each tribunal, court of appeal and even the Corte Suprema di Cassazione.
The Corte Suprema di Cassazione is Italy's highest court in civil, criminal and tax matters, whose competence extends to issues related to the interpretation and meaning of the law, normally exclusive of fact-related disputes.
[30] Whilst the doctrine of stare decisis is not provided for under Italian law, the Corte Suprema di Cassazione's rulings exert legal suasion over lower courts to adjudge future disputes.
Unlike some jurisdictions where parties can represent themselves (pro se), in most subject-matters before the Tribunale, individuals are mandated to seek the assistance of an Italian attorney at law (it.
Probation Court) is specially mandated to address requests by convicts, held in an Italian prison, who seek to serve sentence in alternative facilities or under other conditions than detention.
It is tasked with ensuring the uniform application of law across the country’s legal system (so called 'nomophylactic function'), including in inferior and appellate courts.
The Procura della Repubblica presso il Tribunale is organised within each tribunal and is responsible for overseeing criminal investigations and initiating prosecutions.
The key function of general prosecution is to provide an essential check within the appellate system, working to maintain consistency and fairness in judicial proceedings.
The Procura generale della Repubblica presso la Corte Suprema di Cassazione operates within Italy's highest court, focusing on ensuring the uniform interpretation and application of the law.
They play a crucial role in maintaining the coherence of judicial decisions across the Italian legal system, supporting the Corte Suprema di Cassazione's nomophylactic function.
The Court also has an advisory role, providing opinions on legal and regulatory measures affecting public finances upon request by government authorities.
Its jurisdiction extends to ensuring the correct application and interpretation of tax laws, serving as the final arbiter in cases that have progressed through lower courts.
[50] The adjective "honorary" is intended to confirm the non-professional nature of the duties carried out by these magistrates, who are remunerated according to the number of cases adjudged rather than on a fixed basis.
Individuals satisfying the eligibility requirements must sit to a public examination administered by the Ministry of justice, bearing in mind that access to the ordinary, administrative, tax or audit magistracy is differentiated.
[54][55][56] In 2022, a reform of the judicial organisation has been undertaken to simplify the recruitment of ordinary magistrates, bringing down the main entry requirement to possession of an Italian Juris Doctor.
[58] Access to the judicial branch's administrative division is contingent upon passing two distinct public competitive exams, which are open only to certain legal professionals and academics who hold specific qualifications.
[60] Access to the audit magistracy in Italy is contingent on passing a public competitive examination organised by the Court of Auditors, typically held approximately every year and a half.
[66] Upon entering into office, career ordinary magistrates are required stay abreast of the legal landscape, hence, they pursue another form of training until the reach an advanced professional evaluation.
This includes not only the disbursement of salaries to judicial staff but also the development and maintenance of courthouse infrastructure, ensuring that the physical spaces where justice is served are conducive to fairness and efficiency.
It also processes applications for presidential pardons, verifying file compliance with the minimum terms set by law, coordinating involved stakeholders and managing the timetable.
[72] Unique to its functioning, the Vatican City, albeit an independent state, relies on the Italian prison system to detain and manage convicted individuals due to the absence of a penal institution within its small territory, as per Article 22 of the Lateran Pacts (it.
[75] The Polizia Giudiziaria's primary responsibility is to gather evidence for prosecutorial purposes, which encompasses a range of activities from arresting and interrogating suspects to conducting witness lineups and interviews.
