Italian Penal Code Research Articles

Criminalization of stalking in Italy: One of the last among the current European member states' anti‐stalking laws

This article illustrates the state of knowledge on stalking in Italy from the first scientific review published in 2001 to the recent anti-stalking law, which became effective in February 2009, introducing a new article in the existing Italian Penal Code. In recent years the interest in stalking has increased progressively, such that it is now possible to find official data on the prevalence of the phenomenon in Italy. At the same time, European research activity has moved from the recognition of the phenomenon to analysis of pathways for a victim's assessment of stalking risk and enactment of legal regulation. The new law is described and analyzed.

Old age as an "alternative" to illness: gerontological and medico-legal aspects.

The current trend toward an ever increasing aging population forces society to face the problem of how to care for elderly people who are exposed to the risk of so-called "elder abuse," a phenomenon becoming increasingly widespread in Italy, as legislation does not provide a precise juridical definition of "elderly" nor does it provide for their specific protection. From a geriatric and medico-legal point of view, it is difficult to assess the cognitive performance of elderly individuals due to a number of factors, including the lack of evaluation tools with well-defined reference parameters for assessing decision-making capacities. Nonetheless, according to Italian penal code, abandoning a person incapable of self-support due to old age is considered a violation of the obligation of family assistance. Just as in the USA, which has instituted the Adult Protective Services, the Authors propose that the local health authorities provide help desks for the victims of elder abuse in Italy.

La disciplina dei militari impegnati all'estero in missioni umanitarie: in margine al caso Lozano

- In the well-known Lozano case, an Italian intelligence agent, Mr Nicola Calipari, remained killed in 2005 by an American soldier, Mr Mario Luis Lozano, while entering a US checkpoint on the way to the Baghdad airport soon after securing the release of an Italian journalist from Iraqi kidnappers. In the ensuing case, Italian courts addressed a number of sensitive questions, including that of jurisdiction over national troops involved, directly or indirectly, in so-called "humanitarian missions" abroad. Italian courts did have jurisdiction over the killing under Italian domestic law. Indeed, the murder of Mr Calipari can be regarded as a "political crime" under Article 8 of the Italian penal code. On such a premise, the question is whether Article 8 was superseded by a customary international law rule under Article 10 of the Italian Constitution aimed at excluding jurisdiction over Mr Lozano. State practice suggests that neither a customary rule on the exclusive jurisdiction of the sending State (as claimed by the Court of Assise of Rome in 2007) nor a customary rule on Mr Lozano's functional immunity (as claimed by the Court of Cassation in 2008) are established in customary international law. Rather, State practice reveals that a number of States are likely to recognize immunity from jurisdiction to the armed forces only in certain specific circumstances. Moreover, such immunity is quite different from the functional immunity traditionally enjoyed by diplomatic and consular agents, as well as from the immunities enjoyed by other high-ranking State officials, such as the Head of State, the Head of Government and the Minister for Foreign Affairs.

The abolition of capital punishment: contributions from two nineteenth-century Italian psychiatrists

Capital punishment was the source of lively debate in Italy, from unification in 1861 until 1888. The precedent for abolishing the death penalty had been set in Tuscany in 1786. This paper presents the arguments put forward by two eminent psychiatrists who opposed the death penalty, Carlo Livi and Andrea Verga. Livi set out his scientific case for abolition in two addresses given to the Accademia dei Fisiocritici in Siena in 1862. In 1889 Verga wrote a commentary on the Senate sitting and argued in favour of approving the Italian Penal Code. Verga agreed with Livi's arguments and disagreed with the School of Criminal Anthropology, led by Cesare Lombroso and Raffaele Garofalo, who were both in favour of capital punishment.

Organized Crime and Foreign Direct Investment: The Italian Case

The paper estimates the effects of organized crime on FDI inflows in 103 Italian provinces in the period 2004-06. The presence of organized crime at a provincial level is quantified through several indicators, based on data for different kinds of crimes: extortion; for purposes, including mafia (Art. 416 and 416 bis of the Italian Penal Code); attacks; arson. Several control variables are used, included a proxy for (financial) investment incentives provided by public sectors. Estimation suggests that FDI inflows are influenced by different variables. Our results show that the extent of extortion and the number of persons denounced for criminal association are significantly and negatively correlated with FDI inflows. Finally, our analysis suggests the presence of organized crime is a strong disincentive for foreign investors, particularly in the less developed Italian provinces.

Organized Crime and Foreign Direct Investment: The Italian Case

The paper estimates the effects of organized crime on FDI inflows in 103 Italian provinces in the period 2004-06. The presence of organized crime at a provincial level is quantified through several indicators, based on data for different kinds of crimes: extortion; for purposes, including mafia (Art. 416 and 416 bis of the Italian Penal Code); attacks; arson. Several control variables are used, included a proxy for (financial) investment incentives provided by public sectors. Estimation suggests that FDI inflows are influenced by different variables. Our results show that the extent of extortion and the number of persons denounced for criminal association are significantly and negatively correlated with FDI inflows. Finally, our analysis suggests the presence of organized crime is a strong disincentive for foreign investors, particularly in the less developed Italian provinces.

Italy: Comment on the Money Laundering Section of the Italian Penal Code

The first legislative step undertaken by the Italian Parliament to detect money laundering dates back to Decree 59, issued in March 1978 and brought into force by Law 191/1978. The Decree introduced s. 648 bis into the Italian Penal Code; it was entitled ‘Substitution of money or funds deriving from armed robbery, racketeering or kidnapping for reward’. The new offence was based on the structure of s. 648 ‘Handling stolen goods’; the crime was punishable with a sentence of between four and ten years' imprisonment. The introduction of s. 648 bis was required for two reasons: on the one hand, to address the concern arising from the numerous terrorist kidnappings and blackmail occurring in Italy at that time; on the other, to strengthen the criminal repression of the ‘specified unlawful activities’.

In re Ciriaco Pandelli.

Jurisdiction — Over Nationals in respect of Crimes Committed Abroad — Crime Committed on Italian Vessel in Greek Waters — Italian Penal Code — Reference to International Law.

In re Nocita.

Territorial Waters — Jurisdiction in — Over Foreign Merchant Vessels — Offences Committed by the User.Jurisdiction — Over Nationals in respect of Crimes Committed Abroad — Crime Committed on National Vessel In Foreign Territorial Waters — Italian Penal Code — Reference to International Law.

On the Reform of the Italian Penal Code

On the Reform of the Italian Penal Code

Preliminary Project for an Italian Penal Code

Preliminary Project for an Italian Penal Code

The Preliminary Project for an Italian Penal Code

The Preliminary Project for an Italian Penal Code

The Nomination of a Commission for the Positivist Reform of the Italian Penal Code

The Nomination of a Commission for the Positivist Reform of the Italian Penal Code

Scientific Serials

Rendiconti del Reale Istituto Lombardo, January 29.—On a special class of involutions of space known as monoidal, by Dr. V. Martinetti.—Analysis of the meteorological observations made at the Brera Observatory, Milan, during the year 1884, by E. Pini.—An experimental study of the thermic phenomena accompanying the formation of alloys, by Prof. Domenico Mazzotto.—On some eruptive rocks occurring between Lakes Maggiore and Orta, by Prof. Giuseppe Mercalli.—On the geometrical movement of invariable systems, by Prof. C. Formenti.—International right in connection with the proposed Italian penal code, by Prof. A. Buccellati.—Meteorological observations taken at the Brera Observatory during the month of January.