By Italian law, murder (omicidio [omiˈtʃidjo]) is regulated by articles 575-582, 584-585, and 589 of the Codice Penale (Penal Code).
Contents
In general, according to Art. 575, "whoever causes the death of a human being is punishable by no less than 21 years in prison"; nevertheless, the law indicates a series of circumstances under which murder has to be punished with life in prison.
Definitions and Penalties
According to Italian law, any sentence of more than 5 years perpetually deprives (Interdizione perpetua dai Pubblici Uffici) the condemned person of: the voting rights; the ability to exercise any public office; the ability to be employed in any governmental or para-statal position (articles 19, 28, 29). The convict for life is also deprived of his/her parental rights: the children are either given in custody to the other parent or hosted in a public structure (art. 32).
Life Imprisonment
Articles 576 and 577 provide for punishment of life imprisonment for murder committed:
- In order to commit another crime, or in order to escape, of favor, or take advantage from another crime (art.61, sect.2);
- Against a next of kin (parent or child) and either through insidious means, with premeditation, cruelly, of for futile motives;
- By a fugitive in order to escape capture, or in order to acquire means of subsistence;
- While raping or sexually assaulting a person (articles 609 bis, 609 quater, 609 octies);
- By a stalker against the victim of stalking;
- Against a police officer engaged in enforcing the law;
- In a cruel way and/or through the use of torture (art.61, sect.1);
- For abject and/or futile motives (art.61, sect.4);
- Against a next of kin (parent or child);
- Through insidious means;
- With premeditation.
Cases 1 through 4 (art. 576) had been considered capital murder, and therefore punishable by death by firing squad. Since 1946, though, death penalty was discontinued in Italy, and death was substituted with life imprisonment. Sentences of life imprisonment are subject to parole or probation. A person that is serving a life sentence can reach libertà condizionata (conditional release) after 26 years.
Other Definitions
Besides the criminal murder detailed above, in Italian law the following cases also exist: