Civil and Criminal Justice
Civil justice is applied in controversies among private bodies and in some
cases, where the law is fully guaranteed, also between private and public
administrations. This is the normal, general justice to which belong all matters
that are not expressly excluded. Its limits are indicated negatively by laws,
criminal cases being excluded on the one side and cases of administrative
justice on the other. Civil justice is dispensed by: Giudici Conciliatori
(judges of the peace), Pretori (judges), Tribunali (tribunals), Corti d'Appello
(appeal courts), and the Corte di Cassazione (Supreme Court). The Conciliatori
and Pretori are one-person organs, that is composed of a single justice, while
the Tribunali and Corti are collective organs, composed of a varying number of
members. Since the prevention and suppression of certain types of conduct is
held to be in the public interest, the criminal process is effected through the
principle of official initiative. This means that criminal proceedings are
initiated as soon as they come to the attention of the judicial authorities.
Also the criminal process is divided in grades. The judicial organs of the first
grade are: Pretore, Tribunale and Corte d'Assise. While the Pretore and
Tribunale are organs composed entirely of lawyers, the Corte d'Assise includes
giudici popolari (jurymen). Criminal cases are heard by one of these organs
according to the legal provisions. The process is divided in two fundamental
parts: inquiry and discussion. Once the trial has been concluded and
judgement passed on each of the parties, any of them, including the Pubblico
Ministero, can ask for the controversy to be reviewed by the next grade of
court, respectively the Corte d'Appello and the Corte d'Assise d'Appello. On
conclusion of the second grade of justice, as under the civil process, the
losing party may only appeal to the Corte di Cassazione and then only on the
grounds of wrong interpretation or application of the law by the judge. |