Comparative Criminal Justice System Essay

Words: 2170
Pages: 9

Unit 4 Written Assignment:
By: Alysia Pietrangelo
CJ509: Comparative Criminal Justice Systems
September 1, 2011

With so many different cultural and historical perspectives, it can change the way the criminal justice system works. Two types of criminal justice systems in which bring a lot of historical and cultural perspective include Iraq and Italy. Both countries also have legal tradition in which help in the way the criminal justice system works. In addition, both politics and legal issues can also cause the criminal justice system to change. However, the answer to the question relies on how this all does play in to the criminal justice systems for both Iraq and Italy. Beginning with Iraq, there was many
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To begin with, the main criminal law in the Italian legal system is the Italian Criminal Code. It is the currently in force and dates back to 1930 and can also be referred to as the Rocco code, named after the Minister of Justice. It was inspired by the Napoleonic Code of 1810 and also the 1870 Code of William. In addition, it was also inspired by the coded of the nineteenth century by the extent of Liberalism. Nonetheless, there is an authoritarian state, the original Code was severe and gave a highly repressive role to the states powers (“The criminal justice,” 2000). Therefore, the death sentence, was banned by the Criminal Code of 1889, but then was reintroduced with many strengths; there was to be more strict penal sanctions to those forms of behavior (in primis violence) depending on if they individual was from a lower or middle class. However, once the Fascist regime was overthrown changes were made to the Criminal Code. In 1944, Legislative Decree No. 222 abolished the death penalty. In 1958, Law No. 127 modified the Penal Code, “proof of guilt”, punibility became dependent on proof of guilt. While many other changes have been made in addition to what has been stated, there was also a change to where the Rocco Code was no longer the main source of the Italian criminal justice system but yet the secondary and supplementary use (“The criminal justice”, 2000). Also, Italy then revised the penal code which replaced the old “inquisitory” system