UN Profile - Italy

--------------------------------------------------------------------------- 2.0. GENERAL BACKGROUND The basic statute in the field of substantive criminal law is the Criminal Code of 19 October 1930 (Codice Rocco). At the time it was passed, it contained all the characteristics of the criminal law philosophy of the time. The idea of deterrence had been prevalent and this could be seen in the system of penalties as well as in the ways the Code dealt with professional and habitual offenders. The Code has been amended several times. The amendment of 1975 broadened the possibilities of imposing probation; the amendment of 1981 decriminalized those minor offences that had been transferred to the category of petty offences or administrative infractions. The same amendment of the Code also introduced new substitutes for shortterm imprisonment. The amendment of 1984 modified the terms of pretrial detention and the competence of judges of first instance and appeal. The basic operation and outline of the Italian criminal justice is determined primarily by the Code of Criminal Procedure enacted in 1930. The Code has been amended several times. One major amendment was passed in 1955. The police are charged with preliminary investigation of alleged offences and detection of their perpetrators, including the collection and holding of evidence. The defence counsel has the right to be present when the suspect is being questioned by the police. The police are obliged to report to the judicial authorities all offences involving ex officio prosecution which come to their attention. If a suspect is arrested the defence counsel must be present at any interrogation. However, according to a provision introduced in 1978, the participation of the defence counsel is not necessary when the continuation of the investigation requires the urgent interrogation of a suspect. In such a case the police prosecutor and the defence counsel must be notified. The statements of the suspect may not be minuted for use in judicial proceedings. The police can remand a suspected person in custody for 48 hours. The judicial authority must be informed of the decision within this period. During the following 48 hours the judicial authority must interrogate the suspect and decide on the legality of the deprivation of liberty and on the need for custody pending trial. The public prosecutor is bound by the legality principle in the presentation of formal charges. Judicial proceedings begin with a preliminary judicial investigation. In the case of flagrant offences, offences admitted by the suspect or demonstrated by clear evidence, the investigation is conducted by a magistrate of the public prosecutor's office ("istruzione sommaria"). In all other cases, the investigation is carried out by an investigating judge ("istruzione formale"). It is the public prosecutor who decides which of the two procedures is to be followed, but a suspect may request that the investigating judge undertake the preliminary enquiry. If the suspect is in custody, the investigation must be carried out by the investigating judge if, after 40 days, the public prosecutor has not asked for discharge or trial. The 1930 Code of Criminal Procedure was inspired by the principle of secrecy, and therefore the presence of the defence counsel was not allowed in all judicial acts of investigation. In 1955 a law granted the defence counsel the right to be present at certain stages. An extension of the stages in which the right of defence must be assured followed over the next years due to the intervention of the Constitutional Court. Today, the defence counsel has the right to be present during the following stages: the interrogation of the suspect, enunciation of a judicial view or expert judgement, and search. The provisions regulating pretrial detention have changed frequently. A law enacted in August 1984 has considerably shortened the maximum term allowable. According to this law, the maximum period of custody pending trial is fixed at 6 years for the most serious crimes (those carrying a minimum period of imprisonment of twenty years or life) and at 5 months for the less serious offences (those carrying a maximum of three years). Within these periods of time, the appeal procedure (on question of fact) and the cassation procedure (on points of law) in addition to the new judgment after a cassation decision, must have been completed. Furthermore, the various phases of proceedings carry their own maxima. For example the judgment of the first instance must be pronounced within thirty days for the less serious crimes and within one and a half years for the most serious ones, the period being measured from the end of the judicial investigation. During investigation the judge may discontinue the proceedings and discharge the accused. The minimum age of criminal responsibility is fourteen for minors and eighteen for adults. Between the ages fourteen and eighteen, the judge must establish whether the minor has reached a sufficient level of maturity to be considered responsible for his or her acts. Because the Code of Criminal Procedure was enacted under different social and political conditions and it has often been amended, work was undertaken on a new draft during the 1970s. The new Code of Criminal Procedure has been passed and will come into force in October 1989. It will be designed to accord with the demands laid down by the Italian Constitution and relevant international agreements. It should guarantee greater rights to the defendant and transform the socalled mixed procedure into a primarily adversarial procedure. Selected offences Intentional homicide. According to the Second United Nations Survey, the number of cases reported to the police was 1 977 in 1980, while in 1986 the number of those brought into formal contact with the criminal justice system (imputato) was 2 138. This represents a rise of 8 % (if data are comparable). As to the number of people sentenced, there is a very small rise, from 452 to 463. It is noteworthy, however, that only 21 % of those "imputato" (reported to the police) were sentenced; the number of persons prosecuted for this offence was 2 306 in 1980 and 1 896 in 1986. Assault. The data provided in the response to the Third United Nations Survey show that very important changes must have taken place between 1980 and 1986 as regards the police role in reporting and selecting assault cases. According to the response to the Second United Nations Survey, 32 118 persons were suspected of assault in 1986, but according to the response to the Third Survey, only 16 164 persons were suspected of this same offence. The drop in the number of sentenced people was far less marked (1 528 to 1 284, or 16 %). The most striking feature is probably the fact that only 8 % of all those who were reported to the police (imputati) were sentenced (31 608 in 1980 and 27 653 in 1986). Robbery. With this offence a clear rise can be seen at all stages of the procedure if we compare 1980 with 1986. According to the response to the Second Survey, 4 303 people were suspected of robbery in 1980; according to the Third Survey, 6 819 people were suspected of this in 1986. The rise in numbers prosecuted is 16 % (5 204 in 1980 and 6 252 in 1986), and the rise in those sentenced amounts to 10 % (2 360 and 3603, respectively. The percentage of those sentenced as a percentage of those reported to the police (38 %) is relatively high compared with other offences analyzed. Theft. Again, a comparison of the responses to the Second and Third Surveys suggest that some important changes must have taken place in the exercise of police discretion between 1980 and 1986. The number of persons reported to the police as suspects in 1986 (95 714) has dropped considerably from the figure for 1980 (170 170). The drop from 1980 to 1986 in the number prosecuted (64 026 and 60 193, respectively) and the number sentenced (22 181 and 18 017, respectively) is much smaller than the drop in the number reported to the police. In 1986, only one in five of those reported to the police was sentenced. In 1980, the ratio had been one in eight. There is a general impression that, between 1980 and 1986, the police have, for whatever reason, identified fewer people as suspects in relation to minor offences (assault and theft, including minor cases). Despite this, almost as many people are sentenced for the less serious offences at the end as at the beginning of the period. This change of practice is perhaps due to the amendment of the Criminal Code in 1981 as it concerned petty crime. In contrast to the picture for petty offences, the numbers of those suspected of serious crimes did not change markedly over the period in question. The proportion of those suspected of serious crimes who are eventually sentenced is very much higher than is the case for less serious crimes. --------------------------------------------------------------------------- 2.1. STATISTICS --BACKGROUND --------------------------------------------------------------------------- 2.2. CRIMINAL JUSTICE STATISTICS (1970-1980) Background Insert notes and exceptions to the general definitions and recording practices. --------------------------------------------------------------------------- 2.3. Offenses Reported To The Police Crime Years Total Numbers MURDER 70-75 1234 1348 1359 1702 1716 1451 MURDER 75-80 1639 1683 2056 1887 1961 1977 ASSAULT 70-75 31660 31262 31520 30188 28788 25669 ASSAULT 75-80 32044 32517 37167 45892 44628 32118 SEX CRIME 70-75 9659 8624 8695 8233 7751 6696 RAPE 75-80 1849 1872 2532 2366 2950 1844 ROBBERY 70-75 ROBBERY 75-80 3340 4308 4142 3817 4227 4303 THEFT 70-75 546269 643027 934191 1118617 1318145 1384472 THEFT 75-80 224444 264234 M M 188207 170170 FRAUD 70-75 28977 25872 28803 26346 27127 FRAUD 75-80 19990 21524 24579 29598 26990 22272 KIDNAPING 70-75 268 270 272 220 221 KIDNAPING 75-80 63 48 75 43 59 38 TOTAL CRIMES 70-75 75-80 1894620 2044394 1912053 1983948 2086042 1919651 DRUG USE 70-75 698 647 924 1921 2381 3348 DRUG CRIMES 75-80 3347 2387 2714 4159 5242 7783 DRUG TRAFFIC 70-75 75-80 BRIBERY 70-75 BRIBERY 75-80 371 441 504 795 652 557 --------------------------------------------------------------------------- 2.4. Offenders apprehended or arrested OFFENDERS 70-75 500121 486178 493453 439653 440120 439728 OFFENDERS 75-80 M M M M M M JUVENILES 70-75 23611 22638 24999 25248 24912 25111 JUVENILES 75-80 --------------------------------------------------------------------------- 2.5. Offenders Convicted --------------------------------------------------------------------------- 2.6. Sanctions - Background The data available for comparison refer to 1982 and 1986. A very rough classification of penal sanctions reveals the following picture: Sanction 1982 % 1986 % deprivation of liberty62 511 42 51 250 37 warning, admonition 36 903 24 25 986 19 fine, unconditional 51 690 34 60 081 44 total 151 104 100 137 317 100 The table shows that between 1980 and 1986 there was a decrease (10 %) in the total number sentenced. The proportionate use of imprisonment has decreased from 42 % in 1982 to 37 % in 1986 while the proportionate use of the fine has increased by 10 %. The total number of prisoners on 31 December 1986 was 33 609, of whom 20 099 (60 %) were in pretrial detention. In 1986, there were 385 prisons for adults. Of these, 283 had a smaller capacity than 100 prisoners, 91 from 100 to 499, 6 had from 500 up to 999 places and 5 could accommodate more than 1 000. The total prison capacity was 35 647. In addition, there were 1 111 places in penal and correctional institutions for juveniles. --------------------------------------------------------------------------- 2.7. Prison Statistics --------------------------------------------------------------------------- 2.8. Criminal Justice Personnel and rsources - background The response reports that 7 711 milliard (billion) lire (6410 million USD) were allocated for the police, and 1 362 milliards (billion) lire (1130 million USD) were allocated for the prison system. As to the number of personnel in the criminal justice system the response gives the following data: police force 76 092 public prosecutors 1 540 judges and magistrates 1 731 prison staff 30 546 There is no mention as to whether the judges and magistrates deal with criminal matters only. In view of the small number reported, one would presume that this is the case. --------------------------------------------------------------------------- 2.9. Criminal Justice Resources Statistics POLICE 1973 POLICE 75-80 JUDGES 1973 521 531 529 521 529 PROSEC 70-72 70 68 71 68 71 --------------------------------------------------------------------------- 3.0. CRIMINAL JUSTICE STATISTICS (1980-1985) --------------------------------------------------------------------------- 3.1. Offenses Reported To The Police 1980 1981 1982 1983 1984 1985 1986 TOTAL 1139201 1180421 1123655 1207242 1273694 1364010 1403214 INT.HOM. 1549 1838 2139 3024 2829 2474 2483 NON.INT.HOM. 352 308 313 657 394 385 307 MAJ.ASSAULTS 17606 18374 16933 15820 16574 15667 16084 RAPES M M M 1007 849 681 672 ROBBERIES 9408 10507 12984 20274 20707 23907 24734 THFETS 771231 812596 778258 879882 899375 960640 986013 FRAUDS 12940 13848 11890 18247 20026 24160 25175 EMBEZZLEMENT 1877 1927 1984 M M M M KIDNAPPING 177 200 217 723 566 531 607 OTHER DRUG 2771 3630 5451 11275 12277 12410 13819 OTHER 3775 4101 4064 7249 6240 6052 5910 --------------------------------------------------------------------------- 3.2. Offenders apprehended or arrested Suspected Offenders 1980 1981 1982 1983 1984 1985 1986 TOTAL M M M 388214 444268 456184 469703 INT.HOM. M M M 2686 2562 2260 2138 NON.INT.HOM. M M M 658 425 418 347 ASSAULT M M M 16009 17221 16119 16164 RAPE M M M 1062 953 805 740 ROBBERY M M M 6790 6824 7254 6819 THEFT M M M 93918 96866 95489 95714 FRAUD M M M 16975 19041 23559 24789 KIDNAPPING M M M 1033 926 812 878 OTHER DRUG M M M 16725 18362 18666 21182 OTHER M M M 12943 12943 9209 9097 Persons Prosecuted 1980 1981 1982 1983 1984 1985 1986 TOTAL 508036 556795 553312 657586 INT.HOM. 2306 2323 2166 1968 1814 1922 1896 NON.INT.HOM. 5916 6039 5598 5532 5042 5110 5581 ASSAULT 31608 32462 32110 29866 27480 27708 27653 RAPE 1010 1294 940 1001 898 928 1062 ROBBERY 5204 5482 5915 6232 5840 6972 6252 THEFT 64026 66283 66871 69530 68775 71064 60193 FRAUD 15180 18162 19552 19603 20982 23176 25016 EMBEZZLEMENT 4007 4144 4272 4892 5372 5931 6616 KIDNAPPING 610 737 655 768 669 652 693 BRIBERY 126 158 233 303 204 239 248 --------------------------------------------------------------------------- 3.3. Offenders Convicted 1980 1981 1982 1983 1984 1985 1986 TOTAL 134344 131820 121374 124463 110551 111931 113828 INT.HOM. 452 491 581 571 448 663 463 NON.INT.HOM. 4243 3345 3884 3426 2478 2229 1988 ASSAULT 1528 1642 1241 1339 1095 1189 1284 RAPE 403 329 500 446 337 272 206 ROBBERY 2360 2450 3014 2660 2663 2640 2603 THEFT 22181 21300 21946 18370 15947 15963 18017 FRAUD 1344 1546 1376 1434 1397 1303 1182 EMBEZZLEMENT 332 303 241 200 259 269 266 KIDNAPPING 59 49 82 52 91 74 78 OTHER DRUG 775 1128 1969 2577 2423 2782 3087 BRIBERY 91 61 78 83 83 57 41 --------------------------------------------------------------------------- 3.4. Prisoners Prison Admissions 1980 1981 1982 1983 1984 1985 1986 TOTAL 92576 101143 102925 107868 112834 95329 79059 INT.HOM. 1848 2050 2037 2053 1971 1994 1675 NON.INT.HOM. 234 328 253 223 162 176 175 ASSAULT 1776 2080 1483 1508 1473 1164 1053 RAPE 32288 33182 36617 35474 34167 23910 19428 ROBBERY 5014 5503 6184 6440 6740 7078 5689 THEFT 532 531 608 552 629 517 493 FRAUD 2041 2555 1641 1537 1657 1534 1096 EMBEZZLEMENT 110 118 91 104 128 89 118 KIDNAPPING 456 454 446 423 366 329 237 BRIBERY 279 263 281 416 333 361 316 Convicted Prisoners 1980 1981 1982 1983 1984 1985 1986 TOTAL 9191 7500 9294 11419 13592 15528 11906 --------------------------------------------------------------------------- 3.5. Criminal Justice Resources Statistics CRJ Personnel 1980 1981 1982 1983 1984 1985 1986 POLICE 69288 76715 76092 PROSECUTORS 1520 1525 1540 PROF.JUDGES 1765 1715 1731 MAN.STF.-ADULT 1372 1668 1912 CUST.STF.-ADULT 19120 22021 22788 TREAT.STF.-ADULT 1960 2769 4287 OTHER STF.-ADULT 1050 1108 1559 TREAT.STF.-JUV. 709 741 702 --------------------------------------------------------------------------- 4.0. Selected Issues ---------------------------------------------------------------------------