Murder (Italian law)
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By Italian
law, murder
(omicidio omiˈtʃidjo) is regulated by articles 575-582, 584-585, and 589 of the Penal Code (Codice Penale).
In general, according to Art.575, "whoever causes the death of a human being is punishable by no less than 21 years in prison"; nevertheless, the law indicates a series of circumstances under which murder has to be punished with life in prison.
It must also be noted that, according to Italian law, any sentence of more than 5 years perpetually deprives (Interdizione perpetua dai Pubblici Uffici) the condemned person of: the voting rights; the ability to exercise any public office; the ability to be employed in any governmental or para-statal position (articles 19, 28, 29). The convict for life is also deprived of his/her quality of parent: the children are either given in custody to the other parent or hosted in a public structure (art.32).
In detail, according to articles 576 and 577 is punishable with life imprisonment
murder committed:
Cases 1 through 4 (art.576) used to be considered capital murder, and therefore punishable by death by firing squad
. Since 1946, though, death penalty was discontinued in Italy, and death was substituted with life imprisonment. Sentences for murder under cases 5 through 9 (art.577). instead, are subject to parole or probation.A person that is serving a life sentence can reach libertà condizionata
Besides the criminal murder detailed above, in Italian law the following cases also exist:
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...
law, 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...
(omicidio omiˈtʃidjo) is regulated by articles 575-582, 584-585, and 589 of the Penal Code (Codice Penale).
In general, according to Art.575, "whoever causes the death of a human being is punishable by no less than 21 years in prison"; nevertheless, the law indicates a series of circumstances under which murder has to be punished with life in prison.
It must also be noted that, according to Italian law, any sentence of more than 5 years perpetually deprives (Interdizione perpetua dai Pubblici Uffici) the condemned person of: the voting rights; the ability to exercise any public office; the ability to be employed in any governmental or para-statal position (articles 19, 28, 29). The convict for life is also deprived of his/her quality of parent: the children are either given in custody to the other parent or hosted in a public structure (art.32).
In detail, according to articles 576 and 577 is punishable with life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
murder committed:
- In order to commit another crime, or in order to escape, of favor, or take advantage from another crime (art.61, sect.2);
- Against a next of kin (parent or child) and either through insidious means, with premeditation, cruelly, of for futile motives;
- By a fugitive in order to escape capture, or in order to acquire means of subsistence;
- While rapingRapeRape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
or sexually assaulting a person (articles 519, 520, 521). - In a cruel way and/or through the use of torture (art.61, sect.1);
- For abject and/or futile motives (art.61, sect.4);
- Against a next of kin (parent or child);
- Through insidious means;
- With premeditation.
Cases 1 through 4 (art.576) used to be considered capital murder, and therefore punishable by death by firing squad
Execution by firing squad
Execution by firing squad, sometimes called fusillading , is a method of capital punishment, particularly common in the military and in times of war.Execution by shooting is a fairly old practice...
. Since 1946, though, death penalty was discontinued in Italy, and death was substituted with life imprisonment. Sentences for murder under cases 5 through 9 (art.577). instead, are subject to parole or probation.A person that is serving a life sentence can reach libertà condizionata
Libertà condizionata
Article 176 of the Italian Criminal Code concerns libertà condizionata According to the provisions of Article 176, an incarcerated person becomes eligible for a grant of libertà condizionata if he or she satisfies at least the following conditions: The prisoner has spent more than thirty months in...
Besides the criminal murder detailed above, in Italian law the following cases also exist:
Engish | Italian | Definition | Article |
---|---|---|---|
Infanticide | Infanticidio in condizioni di abbandono materiale e morale | murder of the infant immediately following the birth committed by the mother who is in conditions of material or moral disorder, is punishable with a sentence between 4 and 12 years. | 578 |
Killing on demand | Omicidio del consenziente | the action to kill someone with his/her consent, is punishable with a sentence between 6 and 15 years. This, however, is considered murder if the victim, when giving his/her consent, was under the age of 18, intoxicated, mentally disabled, or if the consent was obtained through violence, menace, or deception. | 579 |
Assistance or instigation of suicide | Istigazione o aiuto al suicidio | the action to help someone to commit suicide, or to convince someone to commit suicide, is punishable with a sentence between 5 and 12 years if the suicide succeeds, or between 1 and 5 years if it does not succeed but a body injury has been made. This, however, is considered murder if the suicide is under the age of 14. | 580 |
Injury resulting in death | Omicidio preterintenzionale | occurs when, as a result of a deliberated act of violence not meant to kill (articles 581,582), the death of a person occurs. This crime is punishable with a sentence between 10 and 18 years (art.584). This sentence can be increased from one third to one half (up to 27 years) if a circumstance stated by articles 576 and 577 occurs, or if a weapon is used. | 585 |
Manslaughter | Omicidio colposo | the action of causing the death of a person without intention, is punished with a sentence between 6 months and 5 years. If the victims are more than one as a consequence of the same act, multiple counts can be added up to 12 years in prison. | 589 |