Transcript Training

Система судоустрою Італії
By Dario Quintavalle –
Senior Executive
Ministry of Justice, Italy
Court Manager of the
Surveillance Court of Rome
About Italy
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United country since 1861
A democratic republic since 1946
EC and NATO founding member
6th largest GDP in the world
2° best health care system in the world (WHO)
“The Cradle of Law”
First University in the world (Law School of
Bologna 1088)
First country to abolish death penalty (1786)
Eurojust member
Population and Immigration
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60.000.000 people
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4 million immigrants
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> 300.000 Ukrainians ( “Badanti” = caring ladies)
Governance and Rule of Law
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Parliament bi-cameral
Government
Independent Judiciary
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President of the
Republic
Prime Minister
20 Regions
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Constitution
Statute Law
Law Decrees
Administrative
regulations
Regional Law (not in
Civil and Criminal
matters)
Jurisdictions
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Constitutional
Court
Ordinary (Civil and
Criminal)
Administrative
Court of
Accountants
Military
Fiscal
The Magistrate Body
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9000 ca. (+ 3500
honorary judges)
Independent and selfgoverned
Prosecutors + Judges
Selected by public
competition
Career progression by
seniority
High reputation and
prestige
27 magistrates killed
(1969 – 1993)
Giovanni Falcone - Paolo Borsellino
The Court System
(Civil + Criminal)
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Court of Cassation
Court of Appeal
Court of First
Instance
Justice of Peace
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General Public
Prosecutor at the
Court of Cassation
General Public
Prosecutor at the
Court of Appeal
Public Prosecutor
Prosecutors dispose of special
section of Police (Judiciary Police),
co-ordinate investigations and
promote criminal actions
Justice system
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Right to have 3 hearings, until Cassation
No ruling is definitive and executive before
Cassation
If Cassation rules out, new hearings
Appeal are new judgments and not revision of
the precedent ruling (novum judicium)
No jury trial but most serious cases heard by a
Court of Assize composed of two professional
judges, Giudici Togati, and six lay judges, Giudici
Popolari,
The Surveillance Courts
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50.000 people in jail (1/2 of them foreigners…
but very few Ukrainians!), frequent amnesties
Constitution forbids non-humane treatment
SC superintend on the whole correctional system
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Decides on probation,
enforcement of verdicts,
alternative sanctions
security measures
Surveillance Justice
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Surveillance Court (Tribunale di Sorveglianza)
operates as a court of first instance, and as a
court of appeal towards the decisions of the
Surveillance Judge.
A Surveillance Judge (Magistrato di
Sorveglianza) is a judge of first instance.
Surveillance Court: 4 members = 2 judges + 2
experts (psychology, social services, education,
psychiatry and clinical criminology )
The Surveillance Court of Rome
The Surveillance Court of Rome
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The
Surveillance
Court of Rome
is the court
competent on
nationwide
level on
appeals
against the
anti-Mafia
prison regime.
Be our friend…
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Web:
http://tribsorvroma.w
ordpress.com
Facebook: Tribunale
di Sorveglianza di
Roma
Twitter:
http://twitter.com/trib
sorv
Flickr:
http://www.flickr.com
/photos/46730249@N
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Court Governance
Supreme Council of Judges:
 Chaired by the President of the Republic
 Elected by all Magistrates
 Appoints Chief Judges and Prosecutors
 Act as disciplinary court for Judges
The Ministry of Justice
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Recruitment of Magistrates, Barristers,
Notaries, Court Clerks
4 main departments:
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Court Administration
Prison Administration
Juvenile Justice System
Politics of Legislation
100.000 employees
Court Administrators
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Executives of the Ministry of Justice
In charge of Human Resources,
Organization, Finance;
Subject to evaluation by the MoJ
Not empowered until 2006
1. Fight against organized crime
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Three main criminal organization (MAFIA)
Special crime: “Mafia-style association”
DNA: National Direction Anti-mafia
PNA: National Procuror Anti-mafia under
surveillance of the General Prosecutor of
Cassation
Impulse and co-ordination of OC investigations
DDA: District Direction Anti-mafia (26)
DIA: interforce Anti-mafia police agency
2. Fight against organized crime
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41-bis prison regime: mafia + terrorism +drugs
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a ban on the use of the telephone;
a ban on all association or correspondence with other
prisoners;
a ban on meetings with third parties;
restrictions on visits from members of the family (once per
month and visitors are only allowed to communicate by
intercom through thick glass);
a ban on receiving or sending sums of money over a set
amount;
a ban on organizing cultural, recreational or sporting
activities;
a ban on voting or standing in elections for prisoner
representatives;
a ban on taking part in arts-and-crafts activities
3. Fight against organized crime
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The Surveillance
Court of Rome is the
court competent on
nationwide level on
appeals against the
41-bis decree
Confiscation of all
assets and destination
to social utility
Ongoing Problems
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Organized Crime
High Corruption
Permanent conflict between politics and
judiciary
Excessive number of civil proceedings
pending (5 million)
Excessive length of Criminal Proceedings =
several condemnations by ECHR
Cumbersome legislation (20.000 laws) under
codification
The most important
Italian contribution to
the Ukrainian Judiciary
so far…
Espresso Coffee machines ! 
Questions? and Answers!