Court of Cassation (Italy)

The Court of Cassation (Eng. " Supreme Court of Cassation " ) is the highest court of ordinary jurisdiction of Italy. It has its headquarters in the Palace of Justice in Rome.

Jurisdiction

The Court of Cassation reviewed judgments of lower courts, in general, the courts of appeal, for errors of law. Are the latter, the corresponding judgments are " collected " and remanded for retrial to the competent courts. Similarly, the Court of Cassation judgments also check the tax courts and military courts. It also decides in cases of doubt about the legal competence ordinary and special courts.

The Court of Cassation is to ensure through its case law, the legal entity. Lower courts are bound by the legal opinion of the Court of Cassation. The examination of judgments by the Court of Cassation is constitutionally protected by Article 111 of the Italian Constitution.

Organization

The Court of Cassation is divided into a number of award bodies which are called "sections". There are five sections for civil matters, including one for labor ( heard in Italy for general jurisdiction ), and Tax Law (specific jurisdiction). For criminal cases there are seven criminal sections. In special cases, the sections appear under the name " United Sections " together.

In the Court of Cassation, the " General Prosecutor of the Republic Court of Cassation " is ( Procura Generale della Repubblica presso la Court of Cassation ) with a procurator general at the head. This connected Prosecutor General is the " National Anti - Mafia Prosecutor " ( Direzione Nazionale Anti- Mafia - DNA). In addition, there is a Military Prosecutor's Office at the Court of Cassation. Lawyers need a special permit for an activity at the Court of Cassation.

The Court of Cassation heard organizationally reports to the Italian Ministry of Justice. Judges and prosecutors are independent in the exercise of their duties. Your self-governing body is the Consiglio Superiore della Magistratura.

History

The history of the Italian Court of Cassation can be traced back to the French Revolution, with the originated in cassation in the modern sense, and on some of the highest courts of the old Italian states. In the train of the unification of Italy in 1865 the cassation in Turin, Florence, Naples and Palermo were officially adopted into the Italian judicial system. In their respective judicial district they were the supreme courts of general jurisdiction. In 1875 the Court of Cassation in Rome also developed. Meanwhile, two criminal panels (sections) had statewide jurisdiction in certain areas. 1888 these two Senate were supplemented by two and dissolved the Criminal Senate of the four regional dishes. In addition, a United Senate was provided in civil matters only in Rome. The four regional cassation in Turin, Florence, Naples and Palermo were abolished completely in 1923.