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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.

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