Law of ItalyModule 7
Criminal law and criminal procedure: offences, defences, investigation, arrest, trial, appeal and the penal system
Italian criminal law rests on the **Constitution**: **no punishment without a law**, **personal responsibility**, the **presumption of innocence** until final conviction and the rule that punishment must **aim at the re-education of the convicted** and may not be **inhuman**. The **Penal Code** of **1930** defines the main offences and has been heavily amended, and the **Code of Criminal Procedure of 1988** created a more **adversarial** trial with a **prosecutor** who leads the investigation and an **independent judge** who controls it. A foreigner who is **arrested** or **investigated** in Italy has the **same fundamental rights** as a citizen, including a **lawyer** and an **interpreter**. Penalty tables and time limits **change by reform**, so this module teaches **structures**.
This course explains the law of Italy, not US law. Rules that look the same elsewhere may be different.
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See what is included in the Courses & AI Lab Pass →General education on the law of Italy, using invented people and businesses. It states laws and procedures in simplified form and is not legal advice. The law and its practice change, and every case turns on its facts and on the authority concerned. It does not offer legal representation or a legal opinion on any case. Consult an Italian avvocato for any real matter.
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