Procedural tradition in the Italian Criminal Justice System
The Semi-adversarial Reform in 1989 and the inquisitorial cultural resistance to adversarial principles
Bibliographic Data
| ID | 12595607 |
|---|---|
| Authors | Riccardo Montana (City, University of London, corresponding author) |
| Year | 2016 |
| Volume | 20 |
| Issue | 4 |
| Pages | 289-304 |
| Publication date | 2016-10-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The International Journal of Evidence & Proof (JOURNAL) |
| Journal identifiers | ISSN: 1365-7127 • E-ISSN: 1740-5572 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/1365712716655164 |
| OpenAlex | W2547333587 |
| Language | EN |
| Citations received | 2 |
| References cited | 15 |
The reform of the Italian Code of Criminal Procedure (ccp) in 1989 was an ambitious attempt to transplant adversarial principles in a Criminal Justice System (CJS) that was rooted in its inquisitorial structure. From the pure legal perspective, the reform failed because the CJS appears now as a superimposition of adversarial values on a structure that remains inquisitorial. From the socio-legal comparative perspective, however, there are other contextual issues that deserve to be analysed. Following the introduction, I will focus on the changes that have taken place in the Italian ccp in 1989. This part of the article will explain the new semi-adversarial legal structure of the Italian CJS and the reasons why the current procedural system appears very complicated. The second part of the article will concentrate on the inquisitorial cultural resistance that Italian legal actors use to oppose the adversarial reform. The cultural analysis will be emphasised through the contextualisation of the 1989 reform in the Italian distinctive socio-political environment. In the third part I will analyse prosecutors’ legal culture to discuss the internalisation of adversarial principles in the Italian CJS. The conclusion will emphasise the importance of socio-legal asymmetrical comparisons to study the evolution and harmonisation of European procedural traditions
Adversarial system · Criminal justice · Economic Justice · Epistemology · Law reform · Legal culture · Perspective (graphical · Political science · Politics · Procedural justice · Sociology · Comparative and International Law Studies · Judicial and Constitutional Studies · Law · Law in Society and Culture
The Culture of Control
Adversarialism in Italy
Paradigms of Judicial Supervision and Co-Ordination between Police and Prosecutors
The Judges and Political Corruption in Italy
The Legal System
Columbia Journal of Transnational Law
The Effect of Human Rights on Criminal Evidentiary Processes
Italian Criminal Justice
| Unique citing works | 2 |
|---|---|
| Citations per year | 0,22 |
| Citation span | 2017 - 2023 (7) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 2 |