Cases with defendants that are minors (or rather, defendants that had not reached the age of majority at the time of the crime) are not open to the public and the names of the defendants are not made public, so that they are not stigmatized for life. If you lose or have something stolen in Italy, you should make a report ( Italy's independent judiciary enjoys special constitutional protection from the executive branch. if (width >= 1200) { // if (typeof(child) != 'undefined' && child != null) parent.removeChild(child); All matters related to magistrates must be evaluated by the CSM, which protects the independence of the magistrates and their status. The potential candidates then work their way up from the bottom through promotions. }, General information on EU law, national Member State law and international law, General information on case law at EU and national level, General information on the organisation of justice at EU and national level, General information on the types and organisation of legal professions at EU and national level as well as on various justice networks, Information on the European Judicial Network in civil and commercial matters, European Judicial Network in civil and commercial matters, Guidelines and information on cross-border legal proceedings: from initiation to enforcement, General information on mediation at EU and Member State level, Information on tools and facilities designed to facilitate the work of courts and justice practitioners at EU and national level, General information on business, land and insolvency registers at EU and Member State level, Guidelines on how to to find a lawyer, notary, legal translator/interpreter or mediator, General information on judicial training on EU law for legal practitioners opportunities and facilities at EU and Member State level, User friendly on-line forms contained in legislation concerning civil and commercial matters, This Atlas provides you with a user-friendly access to information relevant for judicial cooperation in civil matters. The judicial system is unified, every court being part of the national network. corti d’appello) and the supreme court ( The Tribunale is the court of general jurisdiction for civil matters. //element.setSelectionRange(0, 1000); googletag.pubads().enableSingleRequest(); The Italian legal system is inordinately complicated and most lawyers ( When acting as Appellate Court for the Justice of the Peace, it is always monocratico (composed of only one Judge). Note: There exist significant problems with applying non-Italian terminology and concepts related to law and justice to the Italian justice system. "domain": "justlanded.com", In the constitutional review this position should be increasingly assimilated, in the event of litigation of judicial acts, as a mere ex officio defense "in the interest of the law" ( ... ) . Judges and prosecutors belong to the same civil service sector, and their positions are interchangeable. Visit the BETA version of the European e-Justice Portal and give us feedback of your experience! } Courts of assizes (corti d’assise) sit with two professional judges and six jurors. For that reason, some of the words used in the rest of the article shall be defined. obtaining expert legal advice in advance. avvocato) and judges ( Administrative courts are provided by the judicial sections of the council of state, the oldest juridical-administrative advisory organ of government. The court replaced the old Preture (Praetor Courts) and the Giudice Conciliatore (Judge of conciliation) in 1999. The Italian judicial system provides information on case law on various websites. If you’re arrested in Italy, you have no right to see a lawyer ( denuncia) to the consiglio di stato) in Rome, whose judgement is final. Civil justice is applied in disputes between private bodies and in some cases also between private and public administrations. This means that you should do everything possible to avoid going to court, by taking every conceivable precaution when doing business in Italy, i.e. "dismiss": "Got it! However, most training and experience is gained through the judicial organization itself. element.value = ''; Tribunale per i Minorenni (Family Proceedings Court): the specialized section that hears all cases concerning minors, such as adoptions or emancipations; it is presided over by two professional Judges and two lay Judges. The Ministry of Justice carries out its administrative and organisational functions at two levels: The administrative function is also responsible for the personnel assigned to judicial services. Making a report is essential if you want to claim on an insurance policy, as the police report constitutes evidence of your loss. Magistrates who play the role of the public prosecutors in the trials are: In Italy, the role of public prosecutor is played by career magistrates, who exercise their functions under the supervision of the chief of their bureau. "learnMore": "privacy & cookie policy. '&l='+l:'';j.async=true;j.src= For that reason, some of the words used in the rest of the article shall be defined. else if (width < 768) { corte The 1948 constitution prohibits special courts with the exception of administrative courts and military court-martials, although a vast network of tax courts has survived from an earlier period. googletag.pubads().setTargeting("JLCountry", "Italy"); Giudice del Lavoro (Labor Tribunal): hears disputes and suits between employers and employees (apart from cases dealt with in administrative courts, see below). There are literally thousands of laws, most of which are ignored, and newcomers must learn where to draw the line between laws that are enforced and those that aren’t or are only weakly enforced. conciliatori and } By continuing to use our website, you agree to the use of cookies. The legal system grinds If the site contains content that does not yet reflect the withdrawal of the United Kingdom, it is unintentional and will be addressed. Jurors are chosen from the body of citizens to serve for short periods, to cooperate and represent the various sectors of society. The court of accounts has both an administrative and a judicial function, the latter primarily involving fiscal affairs. tribunali), appeal courts ( Both websites are accessible free of charge. Search The administrative function is carried out by the Ministry of Justice. A single judge presides over cases in the Giudice del Lavoro tribunal. In 1988 the Italian Republic adopted a new code, that could be considered to be somewhere in … googletag.pubads().setTargeting("Channel", "Visas"); }; Specialised Section of the Court of Appeal. The dirigente is the highest position in the administrative personnel. The Italian legal order adopted four codes since the Italian Unification. The Italian judicial system is based on the civil law. Presidente di Tribunale or Presidente di Corte d'Appello or Primo Presidente della Corte di Cassazione: the Chief Justice of a given Court. Italian criminal procedure is a difficult concept to grasp for lawyers and citizens in other countries, who are used to adversarial systems. Generally, cassation is based not on outright violations of law, but on diverging interpretations of law between the courts. googletag.enableServices(); The website of the Superior Council of Magistrates offers details about the Italian judicial system in Italian, English and French. The codes of the Kingdom of Sardinia in civil and penal affairs were extended to the whole of Italy when Italy was unified in the mid-19th century. Modern Italian law codes date back to the 19th century (Pisanelli Code, the first civil code of the Kingdom of Italy and. the protection of individual interests directly connected with public interests, and the supervision and control of public funds. A court manager (dirigente) dedicated to the organisation of judicial services for the public and internal assistance to judges and prosecutors. } Legal databases The website of the Italian Ministry of Justicecontains information about the judiciary, the Ministry of Justice, the respective competences of and contact details for various offices. The highest court is the Supreme Court of Appeal, which has appellate jurisdiction and gives judgements only on points of law. "link": "https://www.justlanded.com/english/Common/Footer/Terms-Conditions/How-we-secure-your-personal-data-at-Just-Landed", The Italian legislature focuses on regulating the relevance and efficiency of evidence presented by the parties to the court rather than on imposing exclusionary rules of evidence before the court. A justice of the peace generally ha… } The Supreme Court of Cassation (Corte Suprema di Cassazione), is the highest court in the Italian judicial system.