One of the main issues debated by liberal scholars after Italian unification regarded the extension of military criminal law to civilians. It is a well-known fact that, in the second half of the 19th century and first half of the 20th, the need to ensure rapid and rigorous justice in exceptional circumstances often led Italian governments to subject civilians to military jurisdiction, despite the fact that military criminal trials provided fewer guarantees for defendants than ordinary trials. After the fall of fascism in Italy, one of the main issues to address was which courts would be called to punish fascist crimes. Instead of extending the special jurisdiction of military courts, a complex system of relationships was created between military jurisdiction and civilian criminal jurisdiction, with the choice of jurisdiction depending on both the demand for punishment and the need for pacification that emerged during the transition from fascism to republic. This paper provides insight into the interaction between ordinary courts and military courts when punishing Fascist crimes during the overthrow of illiberal rule by democracy.

Military justice and civilian criminal justice in Italy during the transition from fascism to republic (1943–1948) / R. Bianchi. - In: REVUE INTERNATIONALE DE DROIT PENAL. - ISSN 0223-5404. - 93:2(2022), pp. 119-136.

Military justice and civilian criminal justice in Italy during the transition from fascism to republic (1943–1948)

R. Bianchi
2022

Abstract

One of the main issues debated by liberal scholars after Italian unification regarded the extension of military criminal law to civilians. It is a well-known fact that, in the second half of the 19th century and first half of the 20th, the need to ensure rapid and rigorous justice in exceptional circumstances often led Italian governments to subject civilians to military jurisdiction, despite the fact that military criminal trials provided fewer guarantees for defendants than ordinary trials. After the fall of fascism in Italy, one of the main issues to address was which courts would be called to punish fascist crimes. Instead of extending the special jurisdiction of military courts, a complex system of relationships was created between military jurisdiction and civilian criminal jurisdiction, with the choice of jurisdiction depending on both the demand for punishment and the need for pacification that emerged during the transition from fascism to republic. This paper provides insight into the interaction between ordinary courts and military courts when punishing Fascist crimes during the overthrow of illiberal rule by democracy.
Military justice; Italy; transitional justice; 1943-1948
Settore IUS/19 - Storia del Diritto Medievale e Moderno
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/950410
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