After the verdict of the jurors, if affirmative, the court may be of the opinion that the facts do not constitute a crime, according to the code. This almost never occurs. Ordinarily when the verdict is affirmative (that is, with at least seven votes) the court pronounces and determines the penalty. Against a sentence of the court of assizes no appeal is possible, only a recourse to the court of cassation for viola tion of the law.
Supreme Court Court of Caseation. There are five courts of cassation in Italy. This multiplicity is in contradiction to the func tion of magistracy of pure justice which char acterizes one court of cassation. But Italy, formed so recently by the uniting of several states, was, unable to eliminate completely from every state all their central organs. She was obliged to leave the courts of cassation, as well as several other things, at Turin, at Florence, Naples and Palermo, and was obliged to form a court of cassation at Rome when this became the capital of Italy. However, though there are apparently five courts of cassation, in substance there is only one, divided, however, into sec tions which instead of being all united at the capital, are distributed among several cities of the kingdom. The penal jurisdiction has been completely barred at all the other courts and entirely concentrated at Rome. To the Roman court has been exclusively consigned all cases concerning taxes and ecclesiastical matters. The court of cassation in handling civil mat ters is composed of seven members. It ex amines the sentences from which an appeal has been taken, and if no error of justice appears the appeal is rejected and the case finished. But if some error of justice (in form or substance) appears, the sentence is annulled and, without kidgment, is dismissed to another magistrate. This last magistrate is free to judge according to his personal opinion, but his sentence is also subject to an appeal to the court of cassation in many cases. The court of cassation in Rome is also invested with the power of regulating questions of jurisdiction between the administrative authorities. There fore when a sentence of appeal is denounced on account of having been unjustly judged on the question of competency there is no other recourse than to the court of cassation in Rome. Thus the court of cassation in Rome has the function of a Supreme Court, and as the king dom of Italy is governed by the parliamentary system and there is no plurality of states, there can be no question as to whether a law is or is not constitutional (as happens in the United States and in the confederation of Switzer land) ; the law being an emanation of the power of the throne which judicial authority can never dispute but must always respect. Judgment on the constitution can only be passed in Italy on the decrees and acts of the government as an executive power, inasmuch as we may decide whether the law of the state has been broken, because the executive power can exercise free action over the facts which are not regulated by law. But in cases of facts which do some
under the law, the executive power has to conform to them. However, the decision, pro vided the act of the executive power be con stitutional, belongs entirely to the judicial au thorities.
Military Justice. For crimes committed by soldiers and officers of the army there are military courts which judge without possibility of appeal, but from whose decision recourse can be made to the supreme tribunal of war and navy which functions in the same way as the penal court of cassation. Analagously, there are maritime tribunals for sailors and officers of marines, with recourse to a similar supreme court.
Jurisdiction of the Court of Accounts., The Court of Accounts is instituted to examine and decide all controversies which concern the accountings of the administration of the state, of the provinces and communities; and further has to decide in all controversies regarding the pensions of employees of the state.
Jurisdiction of the Council of the State. The council of the state is a consulting cor poration divided into three sections for the various matters which must be interpellated, and passes its opinion on the affairs of the nation; further, there has been added a fourth section which is charged with the jurisdiction of all affairs in which a private person or a corpora tion claims to have had his interests interfered with by an unjust administrative act of some local or central authority. The recourse to the fourth section is made in the same way as the recourse to the court of cassation, and a dis cussion between the lawyers of both parties is public.
Other Special Jurisdictions. In every province there is an administrative corporation, to which recourse can be had in certain cate gories of affairs, and the decisions of which can be denounced for violation of administrative law by the fourth section of the council of state. There are special commissions for the imposts as well as for the custom houses. The power of these commissions is merely to decide the valuation of the imposts and the duties' which must be paid. In the case of a question of a violation of the law through an attempt to collect customs dues unjustly, the power belongs to the judiciary authorities.
Bibliography. Consult Orlando, V. E.,
Erroaa SACCH Member of Parliament; formerly Minister of Justice of the Kingdom; author of works on functions and limitations of Tribunals and Courts of Appeal.