Introduction to Italian Criminal Law

Vocabulary practice flashcards covering fundamental criminal law concepts, statutory articles, theories, legal traditions, and constitutional principles from the lecture notes.

Art. 39 Criminal Code

Divides offences into delitti and contravvenzioni, according to the different kind of penalties established for them by the Code.

Intent (dolo)

The subjective element of a crime where the result is foreseen and wanted.

Negligence (colpa)

The subjective element of a crime where the result follows from carelessness or breach of rules.

Art. 624(1) Criminal Code

Defines theft as taking possession of another's movable property by removing it from its holder in order to profit, punished with imprisonment from six months to three years and a fine from €154 to €516.

Art. 575(1) Criminal Code

Defines homicide as causing the death of another person, punished with imprisonment for a term of not less than twenty-one years.

Bipartite Theory

A criminal law theory authored mainly by Francesco Antolisei stating that a crime consists of objective and subjective elements, treating justifications as negative elements of the fact.

Tripartite Theory

A criminal law theory authored mainly by Giacomo Delitala stating that a crime consists of typical fact, unlawfulness, and culpability, treating justifications as a separate step.

Materiality (Art. 25(2) Const.)

The constitutional principle establishing that only external acts can be punished.

Offensiveness (Arts 13, 25, 27 Const.)

The constitutional principle requiring that a crime must harm an interest worth protecting.

Culpability (Art. 27(1) Const.)

The constitutional principle establishing that criminal responsibility is personal and punishment is imposed only for one's own, blameworthy act.

Statutory Reservation

A corollary derived from 'under a law' stating that only Parliament, through a law, can create crimes.

Precision (tassatività)

A corollary derived from 'a law' and Art. 1 c.p. requiring that crimes must be described clearly and exactly.

Non-retroactivity

A legal principle derived from 'in force before' stating that no punishment can be imposed for acts done before the law existed.

No Analogy in Malam Partem

A principle based on Art. 14 preleggi establishing that judges cannot extend a crime to similar cases.

Pyramid of Legal Hierarchy

A structural overview showing Civil Law at the base (compensation, contracts, damages), Administrative Law in the middle (fines, licence measures), and Criminal Law at the top as the extrema ratio.

Extrema Ratio

The principle that criminal law is the last resort used only for the most serious attacks on essential values when civil and administrative law are insufficient.

Art. 27(3) Constitution

Specifies that punishments may not consist of treatment contrary to the sense of humanity and must aim at re-educating the convicted person.

Art. 27(4) Constitution

States that the death penalty is not permitted, establishing an absolute ban with no exceptions since the 2007 constitutional reform.

Civil Law Tradition

A legal tradition born from Roman law and codifications where law is written by Parliament in codes and statutes and applied to cases by judges.

Common Law Tradition

A legal tradition born in medieval England where court decisions of higher judges serve as a source of law alongside statutes.

Art. 101(2) Constitution

Establishes that judges are subject only to the law.

Court of Cassation

The supreme court located in Rome that checks that the law was applied correctly.

Art. 40(1) Criminal Code

Establishes the causation requirement, stating that no one may be punished for an act defined as an offence if the harmful or dangerous event is not the consequence of his action or omission.

Art. 50 Criminal Code

Establishes that harming or endangering a right with the valid consent of the person who can dispose of it excludes punishability.

Art. 51(1) Criminal Code

Establishes that exercising a right or performing a duty imposed by a legal rule or lawful public authority order excludes punishment.

Art. 579 Criminal Code

Punishes anyone who causes the death of another person with that person's consent with imprisonment for six to fifteen years.

Art. 580 Criminal Code

Punishes inducing, strengthening the intention, or facilitating the execution of suicide with five to twelve years imprisonment if suicide occurs, or one to five years if serious or very serious injury results.

Constitutional Court 242/2019

A judgment establishing a limited exception for assistance to suicide when a patient can make a free and informed decision, has an irreversible illness causing intolerable suffering, and depends on life-sustaining treatment.

Art. 88 Criminal Code (Vizio totale di mente)

Establishes total mental incapacity, stating a person is not imputable if illness placed them in a state of mind that excluded the capacity to understand or to will at the time of the act.

Art. 89 Criminal Code (Vizio parziale di mente)

Establishes partial mental incapacity, stating a person whose illness greatly diminished capacity to understand or will is answerable, but receives a reduced penalty.

Art. 92 Criminal Code

Establishes that voluntary or negligent drunkenness neither excludes nor diminishes imputability, while drunkenness prearranged to commit an offence or prepare an excuse increases the penalty.

Art. 97 Criminal Code

Establishes that a person who had not reached the age of fourteen at the time of the act is not imputable.

Art. 98 Criminal Code

Establishes that a minor aged fourteen to seventeen is imputable if they had capacity to understand and will, but receives a reduced penalty.