CRIMINAL LAW

Criminal law is that part of public law that issues criminal sanctions to anyone who commits active or passive conduct that the legal system recognizes as crimes. The crime is any act or fact that the legal system recognizes as such. Any crime is such only if foreseen and recognized by law. According to the principle of determinacy, the penalty must be understandable to the point of making all subjects understand what the lawful conduct is and what the illegal conduct is.

There must be a proportion between penalty and crime, the penalty cannot be disproportionate to the crime committed (principle of proportionality).

Criminal law is only the ordinary law issued by the parliament, any law of lower rank is valid only for mere technical specifications (for example, to draw up what are the drugs).

The criminal law is valid only for the future, it is not possible to punish a fact that happened before the law came into force, therefore the criminal law is not retroactive.

In Italian criminal law, any new crime and security measure must be introduced into the criminal code by modifying its staff (principle of code reserve).

IMMIGRATION LAW

The Law of Immigration is characterized by a very peculiar and articulated legislation, because it pertains to transversal areas of administrative, civil, criminal and labor law, the law 286 of 98. The complexity of the discipline finds as sources not only national laws but also European ones and beyond, since not only the law of the European Union (both treaties and derivatives) continuously regulates the matter, but also international law places numerous limitations on the autonomy of States in this area.

Many, then, are the subjects and institutions involved from the point of view of our legal system in the application of the law: the Ministry of the Interior with the Prefectures and Police Headquarters, the Regions, the local authorities, the post offices, the schools and the Law courts.

Furthermore, we are faced with a constantly changing matter that requires the need for a highly specialized legal consultant who is constantly informed and updated on legislative changes.

INTERNATIONAL LAW

studio legale de silvestri

International law (or “ius gentium” law of peoples / peoples) is that set of rules and principles that regulate relations between states and govern commercial, social and economic aspects of the life of the international community.

International law arises from the collaboration between the adhering States and is placed above each of them by spontaneous adhesion.

The sources of international law are customs and treaties, traditionally accepted on the basis of the “pacta sunt servanda” principle.

Subjects of international law are states and international organizations.

Private international law is a fundamental part of Italian law, governing jurisdiction and applicable law in all those cases, which occur in Italy or which concern the Italian state, and which present elements of extraneousness to the Italian legal system.