Corte d'Assise
Encyclopedia
The Corte d'Assise is an Italian
court composed of two professional judges, Giudici Togati, and six lay judges, Giudici Popolari, selected from the people. The court has jurisdiction to judge the most serious crimes, such as terrorism
, murder
. Penalties imposed by the court can include life sentences. The Corte d'Assise does not preside over cases involving attempted murder
.
Courts of Assise consist of a judicial panel made up of a number of stipend
iary judges (giudici togati). In the Court of Assizes and Court of Assizes of Appeal (Corte d'Assise e nella Corte d'Assise d'Appello) the judicial panel consists of both stipendiary and lay judges (giudici popolari).
The Court of Assizes (Corte d'Assise) has jurisdiction to try crimes carrying a maximum penalty of 24 years in prison or life imprisonment, and other serious crimes. The Prosecution is conducted by the Pubblico Ministero presso la Corte d'Assise (the Public Prosecutor at the Court of Assizes).
Decisions are made by the giudici togati and giudici popolari together at a special meeting behind closed doors, named Camera di Consiglio, and the Corte d'Assise is required to publish written explanations of its decisions.
Lay judges for the Corte d'Assie and Corte d'Assise d'Appello have to be older than thirty and younger than sixty-five. They must have completed their education to the level of Scuola Media (junior high school).
, the Judge a latere must be a member of a Court of Appeals.
The lay Judges must have completed their education to the level of Scuola Superiore (senior high school)
, a board composed by the Mayor and two member of the Consiglio Comunale form two registers, containing all the citizens meeting the aforementioned criteria. If they do not see to that, the President of the local Tribunale acts in their stead.
These registers are then transmitted to the President of the Tribunale. A board is then convened, formed by the President and all the mayors of the comuni of the district, to form a register of all the eligible citizens of the district. The register is then published and all citizen may raise an objection within 15 days.
The registers are revised every two years.
In a public audience, the President of the Tribunale draws the names of the lay judges and of their substitutes.
After being appointed, the lay Judges take the following oath:
by which they swear they will listen to with diligence and will serenely examine the evidence and the reasons of both the prosecution and the defense, and will honestly and impartially judge.
The lay Judges are paid for every day of actual exercise of their duty; and, in these instances, are considered public officials. They continue in office for three months, or until the trial in which they are serving ends. Lay Judges wear a sash in the national colours and are not technically jurors, as the term is understood in Anglo-Saxon jurisprudence
. In Italian, Giudice (Judge) refers both to the eight of them together as a collective body and to each of them considered separately as a member of that body.
Since Lay Judges are not jurors, they cannot be excused, unless there are grounds that would justify an objection to a Judge. Also, they are not sequestered
, because a trial often lasts too long to restrict travel: an Italian trial, including the preliminary investigations, preliminary hearing, trial and appeals, can last several years. To keep a citizen - who continues to work, while serving as a Popular Judge - sequestered for years would be unfeasible.
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
court composed of two professional judges, Giudici Togati, and six lay judges, Giudici Popolari, selected from the people. The court has jurisdiction to judge the most serious crimes, such as terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
, murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
. Penalties imposed by the court can include life sentences. The Corte d'Assise does not preside over cases involving attempted murder
Attempted murder
Attempted murder is a crime in England and Wales and Northern Ireland.-Today:In English criminal law, attempted murder is the crime of more than merely preparing to commit unlawful killing and at the same time having a specific intention to cause the death of human being under the Queen's Peace...
.
Courts of Assise consist of a judicial panel made up of a number of stipend
Stipend
A stipend is a form of salary, such as for an internship or apprenticeship. It is often distinct from a wage or a salary because it does not necessarily represent payment for work performed, instead it represents a payment that enables somebody to be exempt partly or wholly from waged or salaried...
iary judges (giudici togati). In the Court of Assizes and Court of Assizes of Appeal (Corte d'Assise e nella Corte d'Assise d'Appello) the judicial panel consists of both stipendiary and lay judges (giudici popolari).
The Court of Assizes (Corte d'Assise) has jurisdiction to try crimes carrying a maximum penalty of 24 years in prison or life imprisonment, and other serious crimes. The Prosecution is conducted by the Pubblico Ministero presso la Corte d'Assise (the Public Prosecutor at the Court of Assizes).
Decisions are made by the giudici togati and giudici popolari together at a special meeting behind closed doors, named Camera di Consiglio, and the Corte d'Assise is required to publish written explanations of its decisions.
Corte d'Assise
The Corte d'Assise is composed of two Judges and six citizens; the presiding Judge must be a member of a Court of Appeals, beside him sits a Judge a latere.Lay judges for the Corte d'Assie and Corte d'Assise d'Appello have to be older than thirty and younger than sixty-five. They must have completed their education to the level of Scuola Media (junior high school).
Corte d'Assise d'Appello
The presiding Judge must be a member of the Court of CassationCourt of Cassation (Italy)
The Supreme Court of Cassation is the major court of last resort in Italy. It has its seat in the Rome Hall of Justice.The Court of Cassation exists also to “ensure the observation and the correct interpretation of law” by ensuring the same application of law in the inferior and appeal courts...
, the Judge a latere must be a member of a Court of Appeals.
The lay Judges must have completed their education to the level of Scuola Superiore (senior high school)
Exclusions
The following people cannot be appointed to the office of lay judge:- Judges or other members of the Judiciary;
- members of the Armed Forces or of the police;
- ministers of any religion and clergymen.
Office of lay Judge and appointment thereto
In every comuneComune
In Italy, the comune is the basic administrative division, and may be properly approximated in casual speech by the English word township or municipality.-Importance and function:...
, a board composed by the Mayor and two member of the Consiglio Comunale form two registers, containing all the citizens meeting the aforementioned criteria. If they do not see to that, the President of the local Tribunale acts in their stead.
These registers are then transmitted to the President of the Tribunale. A board is then convened, formed by the President and all the mayors of the comuni of the district, to form a register of all the eligible citizens of the district. The register is then published and all citizen may raise an objection within 15 days.
The registers are revised every two years.
In a public audience, the President of the Tribunale draws the names of the lay judges and of their substitutes.
After being appointed, the lay Judges take the following oath:
by which they swear they will listen to with diligence and will serenely examine the evidence and the reasons of both the prosecution and the defense, and will honestly and impartially judge.
The lay Judges are paid for every day of actual exercise of their duty; and, in these instances, are considered public officials. They continue in office for three months, or until the trial in which they are serving ends. Lay Judges wear a sash in the national colours and are not technically jurors, as the term is understood in Anglo-Saxon jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
. In Italian, Giudice (Judge) refers both to the eight of them together as a collective body and to each of them considered separately as a member of that body.
Since Lay Judges are not jurors, they cannot be excused, unless there are grounds that would justify an objection to a Judge. Also, they are not sequestered
Sequestration (law)
Sequestration is the act of removing, separating, or seizing anything from the possession of its owner under process of law for the benefit of creditors or the state.-Etymology:...
, because a trial often lasts too long to restrict travel: an Italian trial, including the preliminary investigations, preliminary hearing, trial and appeals, can last several years. To keep a citizen - who continues to work, while serving as a Popular Judge - sequestered for years would be unfeasible.