A Law Broken In Italy: What's Next?

Italy's criminal justice system is divided into three branches: legislative, executive, and judicial powers. The Italian legal system contains a mix of public and private laws, which are listed in the Italian Civil Code. The judicial power consists of five different areas, including ordinary civil and criminal matters, administrative matters, accounting, and taxation. The Italian court system is hierarchical and divided into three tiers: first instance, second instance, and third instance or last resort. Italy's criminal justice system is set in motion once a crime has been reported, with law enforcement officials collecting evidence to identify the perpetrator, followed by a court trial and sentencing. While Italy is known for its bureaucratic red tape, it is a relatively safe country with one of the lowest numbers of homicides in the EU.

Criminal justice system

Italy's criminal justice system is comprised of three stages. Firstly, law enforcement officials, including police and public prosecutors, collect evidence to identify the perpetrator of a crime. Secondly, the case is taken to court, where a judge assesses the accused's guilt or innocence. In cases of serious crimes, such as murder or serious assault, three judges or two judges and six jurors decide the verdict. Finally, if found guilty, the criminal is sentenced and taken to the corrections system for enforcement of the sentence.

The Italian court system is hierarchical and divided into three tiers: first instance, second instance, and third instance or last resort. The first instance includes the justice of the peace, tribunals for civil cases, the Court of Assizes for criminal cases, the Penal Office for criminal justice cases, and the Juvenile Court. The second instance includes the Court of Appeals for civil cases and the Court of Assizes of Appeals for criminal cases. The third instance is the Court of Cassation.

Italy's criminal justice system guarantees the constitutional rights of the accused. Defendants are presumed innocent until proven otherwise, and participation in a trial is a right, not an obligation. If the accused decides not to show up at the trial, there are no legal consequences.

The average duration of trials in Italy is 1,600 days, or approximately four years and four months, from the initial investigation to the final court of appeal. In Rome and Naples, the trial process can take up to six years.

The Penal Code of Italy imposes fines, incarceration, or alternative sentences on convicts, depending on the nature of the crime. Italy does not have the death penalty. Probationary assignment to social service, home detention, semi-freedom, and parole are some of the alternative sentences available.

Italy's prison system consists of youth detention centers and adult prisons, both overseen by the Ministry of Justice. As of early 2022, there were 17 Penal Institutes for minors and 189 adult penitentiary institutions in the country.

Unusual laws

Italy has a reputation for its bureaucracy, and with good reason. The country has a complex legal system, with a mix of public and private laws. While some of its laws are relatively standard, Italy also has its fair share of unusual legislation. Here are some of the more peculiar rules that you might want to watch out for on your next trip to the land of pizza and Vespas.

In Italy, it is illegal for men to touch their genitals in public, even for a quick scratch. This law was passed in 2008 by the Italian Supreme Court, ruling that such an act is a criminal offence. However, it is not illegal for a man to pinch a woman's bottom.

In some places, it is illegal to wear flip-flops or other noisy footwear, such as clogs. In Capri, a couple was even arrested for wearing "excessively noisy flip-flops".

In Eboli, a small town in the Campania region, public displays of affection in cars are banned. This law was put in place to deter young couples from parking near the town centre, which is a well-known meeting spot for lovers.

If you're driving with a corpse in your car, make sure it has health insurance, or you could face a hefty fine.

In Sirolo, a town on the Adriatic Coast, it is forbidden to reserve a spot on the beach with your towel.

Milan has a law that requires people to smile at all times when in public places. Exemptions are made for those in hospitals or attending funerals.

In Novara, it is illegal for three or more people to sit on a park bench together after 11 pm.

In Viareggio, Tuscany, putting your feet up on a bench will result in a fine.

In Falciano del Massico, a town in Campania, it is illegal to die. This unusual law was passed because the town's cemetery is full, and instead of building a new one, the mayor decided to outlaw death.

Other quirky laws include the prohibition of building sandcastles in Eraclea, near Venice, and the banning of goldfish bowls in Rome, as they are considered cruel to the fish.

So, while Italy's legal system may be complex and sometimes bizarre, it is important to remember that many of these unusual laws are limited to specific towns or cities and may not be strictly enforced.

Crime reporting

If you are a victim of a crime in Italy, you must first call the national emergency number 112. The operator will then direct you to the local emergency services.

For non-emergency crimes, you can report the incident in person to the police. Go to the provincial headquarters (questura) or the carabinieri at the local police stations. If you have experienced theft or loss, you can also report it online.

During your appointment with the police, you will be required to identify yourself with a valid passport or ID card. If your identification documents have been stolen or lost, you must first contact your home embassy or consulate. It is also important to provide as much information as possible about the incident, including details of the crime, the time and location, a physical description of the perpetrator, and any possible witnesses.

If you are a witness to a crime, reporting it is optional in Italy, but it becomes mandatory in certain cases, such as crimes against the state, receiving counterfeit currency, or acquiring stolen goods. There is no deadline for reporting non-serious crimes, but if the criminal complaint is mandatory, specific provisions in the law will establish a deadline. Witnesses can report themselves to the police or the Public Prosecutor's Office (Procure della Repubblica).

Police and investigations

Depending on the nature of the crime, one or a combination of Italy's police forces will investigate the case:

• Carabinieri: The national military police force responsible for public security, military and policing tasks, and protecting Italy's animals and environment.
• State Police: A civil police service responsible for public order and security maintenance.
• Finance Police: A military police force that deals with financial crimes.
• Penitentiary Police Corps: Responsible for ensuring order and security inside and outside prisons.

In addition, there are two local law enforcement agencies:

• Provincial Police: A local corps that enforces national and local hunting and fishing laws and assists with traffic regulations.
• Municipal Police: Responsible for local licenses, urban regulations, and traffic control.

Once a crime has been reported, law enforcement officials (police and public prosecutors) collect evidence to identify the perpetrator. The case is then taken to court, where a judge assesses the accused's guilt or innocence. If serious crimes are involved, such as murder or assault, the verdict is decided by three judges or two judges and six jurors.

During the preliminary investigation, the accused will only be arrested if they are caught in the act or if there is a risk of them fleeing, committing another crime, or destroying evidence. There is no bail system in Italy.

After the investigation, the prosecutor can decide to indict or drop the charges. If indicted, the accused has 20 days to file a defensive brief, present their own evidence, or ask for an interrogation by the prosecutor.

If the accused is indicted with a serious crime, there will be a preliminary hearing where the judge decides whether to proceed with the trial or not. The defence may request a special proceeding, such as a fast-track trial or a plea bargain.

At the trial, the prosecutor and defence present their evidence, and the judge rules on the defendant's innocence or guilt. The defendant can file an appeal if convicted.

Court system and trials

The Italian court system is hierarchical and divided into three tiers: first instance (primo grado), second instance (secondo grado), and third instance (terzo grado) or last resort (ultima istanza).

The first instance includes the Justice of the Peace (giudice di pace), Tribunals (Tribunale) for civil cases, the Court of Assizes (Corte d’Assise) for criminal cases, the Penal Office (Ufficio di Sorveglianza) for criminal justice cases, and the Juvenile Court (tribunale per i minorenni).

The second instance comprises the Court of Appeals (Corte d’Appello) for civil cases and the Court of Assizes of Appeals (Corte d’Assise d’Appello) for criminal cases.

The third instance, or last resort, is the Court of Cassation (Corte di Cassazione).

After a crime is reported, Italy's Public Prosecutor's office (Pubblico Ministero) and Judiciary Police (Polizia Giudiziaria) conduct a preliminary investigation (indagine preliminare) to gather evidence. The accused (imputato) will be arrested only if they are caught in the act or if there is a risk of them fleeing, committing another crime, or tampering with evidence. If the perpetrator is caught in the act, there will be a direct judgment (giudizio direttissimo) or an immediate trial (giudizio immediato).

There is no time limit for evidence gathering. Once the investigation is complete, the prosecutor can decide to indict (rinvio a giudizio) or drop the charges (archiviazione). If indicted, the accused will receive a notice (avviso di conclusione indagini). The defence is then allowed 20 days to file a defensive brief, present their own evidence, appear before the prosecutor to make a confession, or request further investigation.

If the accused is indicted with a serious crime, there will be a preliminary hearing (udienza preliminare). The judge can then decide to dismiss the case (no luogo a procedere) or order a trial (disposizione a giudizio). During this stage, the defence may request a fast-track trial (giudizio abbrevaito) or a plea bargain (patteggiamento).

At the trial (dibattimento), the prosecutor and defence present their evidence, and witnesses and experts are heard. The judge rules on the defendant's innocence or guilt. In serious cases, there is a panel of three judges or two judges and six jurors.

If the defendant is convicted, they can file an appeal with the Court of Appeals, Court of Assizes of Appeals, or the Court of Cassation.

On average, trials in Italy last approximately four years and four months, from the initial investigation to the final court of appeal. In Rome and Naples, this process can take up to six years.

Frequently asked questions