Criminal
The Rocco Code with an adversarial procedure and mandatory prosecution
Offences are set out in the 1930 Penal Code, heavily amended, while the 1988 Code of Criminal Procedure introduced an adversarial trial. Prosecution is constitutionally mandatory, and preliminary hearings filter cases before trial.
Key rules
- Prosecution is obligatory: the prosecutor cannot simply decline a well-founded case.
- Plea-style abbreviated procedures reduce sentence in exchange for forgoing full trial.
- Statutes of limitation extinguish many offences and are a central feature of Italian practice.
Governing law
- Penal Code (Codice Penale) (1930)
- Code of Criminal Procedure (Codice di Procedura Penale) (1988)
Penalties and consequences
- Imprisonment, including life imprisonment for the gravest offences.
- Fines, disqualification and confiscation, plus corporate sanctions under Decree 231/2001.
In practice
Entity liability under Legislative Decree 231/2001 makes an adopted and effective compliance model the key corporate defence.