Criminal Justice and Public Opinion in Italy between the Nineteenth and Twentieth Centuries

Through the Italian example – but also with references to the experience of the formation of the so-called "mixed system" in France and the experience of Great Britain, seen as a model for continental reformers – the present article aims to demonstrate that "modern criminal justice&qu...

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Main Author: Luigi Lacchè
Format: Article
Language:English
Published: Instituto Brasileiro de Direito Processual Penal 2021-08-01
Series:Revista Brasileira de Direito Processual Penal
Subjects:
Online Access:http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/594
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author Luigi Lacchè
author_facet Luigi Lacchè
author_sort Luigi Lacchè
collection DOAJ
description Through the Italian example – but also with references to the experience of the formation of the so-called "mixed system" in France and the experience of Great Britain, seen as a model for continental reformers – the present article aims to demonstrate that "modern criminal justice" is characterized from its origin by the – problematic – link between criminal justice and public opinion. At first, despite some perplexities, publicity is seen as an indelible feature of criminal justice in a liberal regime. In a second moment, publicity is attacked – by scuola positiva jurists, for example – as something incompatible with the scientificity of the judicial process, until publicity itself would lose its original meaning with the advent of fascism.
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spelling doaj-art-30e9db13f7d841c58d58d3fb721505bd2025-08-20T02:37:29ZengInstituto Brasileiro de Direito Processual PenalRevista Brasileira de Direito Processual Penal2525-510X2021-08-017210.22197/rbdpp.v7i2.594236Criminal Justice and Public Opinion in Italy between the Nineteenth and Twentieth CenturiesLuigi Lacchè0Università degli Studi di Macerata – MacerataThrough the Italian example – but also with references to the experience of the formation of the so-called "mixed system" in France and the experience of Great Britain, seen as a model for continental reformers – the present article aims to demonstrate that "modern criminal justice" is characterized from its origin by the – problematic – link between criminal justice and public opinion. At first, despite some perplexities, publicity is seen as an indelible feature of criminal justice in a liberal regime. In a second moment, publicity is attacked – by scuola positiva jurists, for example – as something incompatible with the scientificity of the judicial process, until publicity itself would lose its original meaning with the advent of fascism.http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/594história do processo penalsistema mistopublicidadeliberalismoescola positivafascismo.
spellingShingle Luigi Lacchè
Criminal Justice and Public Opinion in Italy between the Nineteenth and Twentieth Centuries
Revista Brasileira de Direito Processual Penal
história do processo penal
sistema misto
publicidade
liberalismo
escola positiva
fascismo.
title Criminal Justice and Public Opinion in Italy between the Nineteenth and Twentieth Centuries
title_full Criminal Justice and Public Opinion in Italy between the Nineteenth and Twentieth Centuries
title_fullStr Criminal Justice and Public Opinion in Italy between the Nineteenth and Twentieth Centuries
title_full_unstemmed Criminal Justice and Public Opinion in Italy between the Nineteenth and Twentieth Centuries
title_short Criminal Justice and Public Opinion in Italy between the Nineteenth and Twentieth Centuries
title_sort criminal justice and public opinion in italy between the nineteenth and twentieth centuries
topic história do processo penal
sistema misto
publicidade
liberalismo
escola positiva
fascismo.
url http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/594
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