| مستخلص: |
The article details a study which involves an examination of the legal systems of Scotland, Norway and Italy on a comparative basis and focusing on criminal procedure as of 1999. Scotland has no written constitution, however, it has a body of constitutional law which has developed through the centuries. In comparative law terms, the law of Scotland is a mixed system. Its roots lie in the civil law and its philosophy of deductive reasoning. The country's Criminal Procedure Act 1995 replaces the earlier Criminal Procedure Act 1975, which itself had replaced the Criminal Procedure Act 1887. Norway, on the other hand, has a written constitution which contains several legal safeguards with respect to criminal case as well as civil cases. The Criminal Justice System in Norway is mainly regulated by the Penal Code of 1902 and the Criminal Procedure Act of 1981. There are no trials by jury in either the city of the district courts, which, according to the law reform of 1993, handle all criminal case in the first instance. Meanwhile, Italy's Constitution of the Republic, in force from 1948, devotes various rules to the provision of a criminal justice system and to its administration. The country's new Code of Criminal Procedure marks the victory of the critical opinions against the lack of evidence formula, which was definitively revoked in 1988. |
