NCJ Number
146993
Journal
Judicature Volume: 77 Issue: 4 Dated: (January-February 1994) Pages: 211- 216
Date Published
1994
Length
6 pages
Annotation
The implementation of Italy's new code of criminal procedure, which was enacted by the Italian Parliament in 1988 and took effect on October 24, 1989, illustrates how rules are not sufficient to change habits, behaviors, and results.
Abstract
The new code superseded the 1930 code originally written under the Facist regime and amended several times after World War II. The structure ofthe first code was based on a nonadversarial, inquisitorial model and hierarchical officialdom. The 1988 code was an attemp to move toward an adversarial model of criminal procedure, which is considered the more appropriate system for liberal democracies. Reform was also considered necessary because of the huge backlog of cases and the length of procedures. However, legal, cultural, and structural problems have prevented the new code from fulfilling the goals of accelerating the process and reducing the backlog. The legal formalism that pervades the Italian legal culture has saddled the new code with rules that do not work in practice. Culturally, it is difficult for attorneys and magistrates to deal with basic concepts of an adversarial system. Structurally, the Italian judiciary suffers from a lack of organizational sensitivity about judicial matters. As a result, efficiency and effectiveness of criminal procedure in Italy seem decreased. Footnotes, photographs, and description of criminal court structure