The essay, through the close examination of parliamentary acts and doctrinal works, aims at pointing out the “national path” followed by the Italian penal science in the process of drafting the Criminal Code which came to light in 1889, after a long debate lasted about 30 years. It examines the main stages of the criminal codification process and highlights the effort of Italian criminal science to abandon the 1810 Napoleonic example. It focuses also on the practical application difficulties of the new Code in the Courts, as it is possible to evince by reading the first judgments of the Courts and the lectures of the general attorneys of the Court of Cassation in Rome, had been referred to the jurisdiction of the criminal cases all over the Kingdom of Italy.
An Autonomous Path for the Italian Penal Code of 1889: The Constructing Process and the First Case Law Applications
vinci stefano
2018-01-01
Abstract
The essay, through the close examination of parliamentary acts and doctrinal works, aims at pointing out the “national path” followed by the Italian penal science in the process of drafting the Criminal Code which came to light in 1889, after a long debate lasted about 30 years. It examines the main stages of the criminal codification process and highlights the effort of Italian criminal science to abandon the 1810 Napoleonic example. It focuses also on the practical application difficulties of the new Code in the Courts, as it is possible to evince by reading the first judgments of the Courts and the lectures of the general attorneys of the Court of Cassation in Rome, had been referred to the jurisdiction of the criminal cases all over the Kingdom of Italy.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
