ired to be public. No one may be
withdrawn from his ordinary legal jurisdiction; and no modification
may be introduced in respect to courts, tribunals, or judges, save by
law.[559] On the basis of these principles there has been built up a
system of tribunals which differs in but few important respects from
the systems in operation in the other Latin countries of Europe. It
consists, in part, of courts which have been carried over from the
period preceding Italian unification and, in part, of courts which owe
their existence to legislation subsequent to 1861. The model upon
which the system has been developed is the judicial hierarchy of
France, and it differs from this system in little save the existence,
as will appear, of five largely independent courts of cassation
instead of one.
[Footnote 559: Arts. 68-73. Ibid., II., 14-15.]
*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 (p. 382)
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
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