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In these cases, the publication is ordered by the court with the decision itself. Juvenile Justice in Italy | Oxford Handbook Topics in Criminology and Comparison Conclusions Bibliography. Some prohibitions exist in pre-determined cases, such as: Use of witness testimony to prove the existence of a contract. Totals Citation Statistics for Government > Legal system Categories Top Stats 0 The burden of proof falls on the public prosecutor. Regio Decreto n. 12 del 1941. 2005, Court of Arkansas In addition to the above, the constitution recognises and guarantees the protection of human rights by directly applying international conventions and treaties (for example, the European Convention of Human Rights and the EU Charter of Fundamental Rights). The Constitution prohibits the establishment of new extraordinary or special courts, except for specialised divisions in specific sectors which can be set up within the ordinary judicial bodies. The Common law/Civil law dualism has always been pivotal for any scholar approaching the study of Comparative law. If they are fundamentally distinct, the judge will be entitled to hold that the precedent has no applicability in the instant case, according the distinguishing rule, and will issue a new decision which will become a new binding precedent[8]. Ordinary first instance judges preside over the courts (. endstream endobj 1355 0 obj <>stream The core of the law has always been developed by the judges, relegating the statutes to just a specification of the rules stated in the decisions, only completing the case law. There are obviously some questions about how this particular investigation was conducted, but they must be separated from any analysis or evaluation of the Italian system. Consequently, a lower court may not rule against the higher, even if it feels that the precedent is unjust; it may only express the hope that a higher court will reform the rule in question, issuing an only-persuasive dissenting opinion which might encourage the claimant to appeal the forced decision, in order to let the higher court overturn it, setting a new precedent of higher authority. A Q&A guide to the legal system in Italy.
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italian justice system compared to uk