- Capital punishment in Italy
In
Italy , the first pre-unitarian state to abolish thedeath penalty was theGrand Duchy of Tuscany as ofNovember 30 ,1786 , under the reign of Leopold II. It was the first civil state in the world to do away with torture and capital punishment.However, the death penalty was sanctioned in the codes of law of all the other pre-unitarian states, therefore when the Kingdom of Italy was proclaimed in 1860, legislation was divided, since the death penalty was legal in all of Italy except for
Tuscany .Afterwards the death penalty was definitively abolished in the Penal Code in 1889 with the almost unanimous approval of both Houses of Parliament under suggestion of Minister Zanardelli. However executions in Italy had not been carried out since 1877, when King
Umberto I granted a generalpardon (royal decree of pardon of January, 18 1878). The death penalty was still present in military and colonial penal codes only.In 1926, it was reintroduced by the Italian
dictator Benito Mussolini to punish those who made an attempt at the royal family and for various crimes against the state. TheRocco Code (1930, in force fromJuly 1 ,1931 ) added more crimes to the list of those punishable with the death penalty, and reintroduced capital punishment for some common crimes.The last people executed for civil crimes were three robbers, also convicted of
murder , who battered and threw in a tank ten people (while still alive) on a farm nearVillarbasse (province of Turin ) in 1945. The president,Enrico de Nicola , declined to pardon them, and they were executed by afiring squad on theMarch 4 ,1947 in the prison ofBasse di Stura nearTurin . This was the last execution in Italy.The
Italian Constitution , approved onDecember 27 ,1947 and in force sinceJanuary 1 ,1948 , completely abolished the death penalty for all common military and civil crimes during peacetime. This measure was implemented by the legislative decree 22/48 ofJanuary 22 ,1948 (provision of coordination as a consequence of the abolishment of capital punishment). The death penalty was still in force in Italy in the military penal code (though no execution ever took place) until law 589/94 ofOctober 13 ,1994 abolished it completely from there as well, and substituted it with the maximum penalty of the civil penal code. In 2007 a constitutional amendement was adopted. Article 27 of Italian Constitution was changed to fully ban the death penalty.Prior to abolition, the death penalty was sanctioned in article 21 of the Italian penal code, and subsequently abolished. It stated that "Death penalty is to be carried out by shooting inside a penitentiary or in any other place suggested by the Ministry of Justice. The execution is not public, unless the Ministry of Justice determines otherwise."
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Death penalty in pre-unitarian Italy
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