Knox verdict: how the Italian legal system works

The verdict, after 12 hours of deliberations, confirmed Ms Knox and Mr Sollecito’s original 2009 conviction.

Ms Knox’s sentence was increased to 28 years and six months and Mr Sollecito was sentenced to 25 years. Ms Knox did not attend the retrial, however, having gone home to the United States after the previous appeal.

Final appeal

The court will publish the reasons for its verdict in 90 days, and once that step is complete, lawyers for Ms Knox have 45 days to ricorrere (lodge an appeal).

The court of cassation must then look at the ricorso and decide whether or not there are any “logical deductions” behind it and either or quash the sentence.

If the guilty verdict is upheld, Ms Knox could face extradition proceedings. But under Italy’s justice system, the supreme court is unlikely to hear the case until April or May 2015.

Prosecutors would first have to notify Ms Knox of her sentence and issue a warrant for her arrest. If the requested person does not respond to the sentence, the Italian courts must make it clear that the person is ‘unlawfully at large’ (liable to immediate arrest and detention).

Extradition

Only then can Italy make an extradition request with the US State Department, which will then determine if it should ask the Justice Department to detain Ms Knox.

Ms Knox then has the right to challenge her extradition in a US court.

Giovanna Fiorentino, lawyer at Lansbury Worthington Solicitors, told Channel 4 News: “The Italian legal system is a very good one theoretically but not in practice.

“On the one hand, it’s extremely thorough and allows for cases to be reopened if new evidence is found.

“However, on the other hand many mistakes can be made along the way and the enormous volume of cases means they can go on for years.”

Any sentence in Italy needs to be “motivated” and in “writing” – this means legal procedures in Italy can sometimes take years to reach a conclusion, Ms Fiorentino added.

Under the Italian legal system, there are different categories of jurisdiction: the constitutional court, ordinary courts and special courts:

Constitutional court

The constitutional court challenges to the constitutionality of legislation; disputes over the division of powers; procedures against the president of the republic under the Constitution on the initiative of parliament. It is comprised of 15 judges, chosen amongst highly distinguished legal scholars, lawyers and judges, one third appointed by the President of the Republic, one third elected by Parliament and one third elected by the highest courts of ordinary and administrative jurisdiction. 

Ordinary courts

The ordinary courts are administered by judges who are competent for general civil and criminal matters, with the exclusion solely of the matters that are reserved for the jurisdiction of special judges.

Court of cassation (Corte di cassazione)

Corte di cassazione is the highest court in Italy, located in Rome. It is divided into three sections, for criminal, civil and labour law disputes. For particularly important matters it may judge in plenary ("a sezioni unite"). Competence over appeals on issues of law of second-instance court judgments; contests raised in any procedure of the jurisdiction of the Italian judges.

Courts of second instance

Tribunale, for appeals against decisions of the giudice di pace and the former pretore; corte di appello, for appeals against decisions of the tribunale; corte d’assise d’appello, for appeals against decisions of the corte d’assise). 

Corte di appello: jurisdiction over appeals from the courts of first instance; jurisdiction over enforcement proceedings in Italy of decisions rendered by foreign courts and arbitrators; jurisdiction proceedings for nullity or damages in competition matters. It is comprised of a panel of 3 judges, and is divided into sections for criminal, civil and labour disputes. 

Corte d’assise d’appello: composed of two professional judges and six lay judges. It hears appeals against the decisions of the corte d’assise. 

Courts of first instance

Tribunale: default court of general jurisdiction for all civil and criminal disputes as well as disputes that do not have a determinable value.
Generally, only one judge will hears a case, but for matters of particular importance, there may be three judges. It may act as an appellate court for the decisions rendered by the giudice di pace
Giudice di pace: honorary judge with jurisdiction over minor civil claims; motor vehicle accidents; real estate boundaries; minor rental and co-habitation disputes; minor criminal matters. Its decisions may be appealed before the tribunale. 
Tribunale per i minorenni: composed of two professional judges and two experts; it has civil and criminal competence for all disputes and procedures concerning minors (under 18). 
Corte d’assise: composed of two professional judges and 6 lay judges; it has competence over felonies. Its decisions are appealed before the corte d’assise d’appello.

Source: www.unidroit.info