Like many other countries in the world, however, Italy follows a civil law system, though the new code of criminal procedure introduced in 1988 brought in “Anglo-American and Common Law elements,” though with some controversy and confusion. This has caused a more blended type of law system, in which there are combined elements of adversarial and inquisitorial systems (Pennington). Thus judges in Italy must balance having an active part in civil and criminal investigations, playing the part of investigators, while also being able to moderate between the defense and prosecution.
Also like most countries, Italy’s j...
... middle of paper ...
...he Court’s decision, he or she “must give a full, detailed, and complete opinion on why he thinks those precedents do not accurately represent the law” (131), thus making it much easier to conform to the precedents than to dissent.
The Supreme Court of Cassation is a much larger body than it’s constitutional counterpart. All members counted, an entire 374 members make up this large judicial organ. The Chief Justice, referred to as the first president, is the head, followed by the deputy president. There are 54 justices that preside over six civil divisions and seven criminal ones, as well as a total of 288 judges. Thirty more judges from the lower courts take the role of supporting judges, should they be needed. Though there are many members, cases are typically heard by only a five-judge panel, with more complex cases warranting four more judges to preside (Italy).
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