Corte d'Assise

Italian Republic

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The Corte d'Assise is an Italian court composed of two professional judges, Giudici Togati, and six popular judges, Giudici Popolari. The court has jurisdiction to judge the most serious crimes, such as terrorism, manslaughter and attempts to recreate a Fascist Party. Penalties imposed by the court can include life sentences. The Corte d'Assise doesn't preside over cases involving attempted murder.^[1]

Courts of Assise consist of a judicial panel made up of a number of stipendiary 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 stipendiary and popular 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 Public Prosecutor at the Court of Assizes (Pubblico Ministero presso la Corte d'Assise).

Decisions are made by the giudici togati and giudici popalari 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 d'Appello

Both the defendant and the prosecutor can appeal a decision from the Corte d'Assise to the Corte d'Assise d'Appello. The Corte d'Assise d'Appello has the same composition of judges and popular judges as the Corte d'Assise, but the Giudici Togati are senior to the judges of the first court. The Corte d'Assise d'Appello must also publish written explanations of its decisions.

Cassazione

Both the prosecutor and the defendant can appeal to the top appeal court named Cassazione. The Cassazione only judges the application of the law. If the Cassazione doesn't uphold the sentence given by the first court, usually they order a new trial in front of a different court, namely: Corte d'Assise d'Appello.

Popular judges (Giudici Popolari)

Popular judges for the Corte d'Assie and Corte d'Assise d'Appello have to be older then thirty and younger than sixty-five. For the Corte d'Assise d'Appello the popular judges must have completed their education to the level of Scuola Superiore; for the Corte d'Assise only Scuola Media is required.

See also

• Cour d'assises - the French version of Corte d'Assise

References

• World Factbook Of Criminal Justice Systems

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