Zanardelli Code
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The Italian Penal Code of 1889, commonly known as the Zanardelli Code (
The Report to the King
In his Report to the King (Italian: Relazione al Re), Zanardelli said he was convinced that "laws must be written in such a way that even uneducated men can understand their meaning; and this is especially the case for a penal code, which concerns a great number of citizens even among the popular classes, who must be given a way to know, without the need for interpreters, what the code prohibits." Zanardelli believed that criminal law must never forget the rights of man and of the citizen and that it should not consider a criminal to be fundamentally incorrigible. It wasn't enough to simply intimidate and to restrain; it was also necessary to correct and educate.
Features
The Zanardelli Code came into force on 1 January 1890, though it was unanimously approved by both Chambers of the Parliament of the Kingdom of Italy on 30 June 1889. The code abolished the death penalty (which was still in effect in the main European States) for all crimes, with the exception of certain military crimes committed in times of war. The code also granted a limited right to strike, and it introduced parole, the principle of punishment as rehabilitation, judicial discretion, and certified mental illness as a reason to be exempt from trial.
Replacement and repeal
When the
After the
Other uses
Although the Zanardelli Code hasn't been in effect in Italy since 1930, it is still the main source for criminal law in Vatican City, which adopted it after the Lateran Treaty of 1929, along with all other Italian legislation in effect at the time. In cases concerning more recent crimes, such as selling Psychoactive drugs, the Vatican has referenced other sources in their legal system and has reformed the code many times over the years.
In addition, the
References
- ^ Lacche, Luigi. "A Criminal Code for the Unification of Italy: the Zanardelli Code (1889) – The genesis, The debate, The legal project". Sequência. 2014, n.68. pp. 37–57.
- ISBN 0-416-18940-7.