Note (Back) — Chapter XX

421. The Ordinary Courts.—For purposes of justice the kingdom is divided into 1,535 mandamenti,[560] 162 tribunal districts, and 20 appellate court districts. Within each mandamento is a pretura, or magistracy, which exercises jurisdiction in civil cases and in cases of misdemeanors (contravvenzioni) and offenses (delitte) punishable by imprisonment not exceeding three months, or banishment not exceeding one year, or a fine not exceeding 1,000 lire. In minor civil cases, involving sums not in excess of 100 lire, jurisdiction is vested in justices of the peace (giudici conciliatori) who likewise, upon request, act as arbitrators in cases involving any amount. In each of thirteen of the largest towns there is a pretura which exercises penal jurisdiction exclusively. Next above the pretori stand the penal courts, one in each of the 162 tribunal districts. These exercise jurisdiction in the first instance in offenses involving a maximum imprisonment of ten years or a fine of more than 1,000 lire. To them appeal may be carried from the decisions of the pretori. Closely associated are the courts of assize, which possess original jurisdiction in cases involving a penalty of imprisonment for life, or for a period longer than a minimum of five, and a maximum of ten, years. Save when the Senate is constituted a high court of justice, these tribunals have exclusive jurisdiction of all press offenses and of all cases involving attacks upon the security of the state. As a rule, the courts of assize make use of the jury. From their decisions there is no appeal, save upon a point of form, and appeal lies solely to the court of cassation at Rome. From the penal tribunals appeal lies, in cases not dealt with by the assize courts, to the twenty courts of appeal.