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意大利传统的罪刑结构具有代表性:采用二元制的犯罪结构,以法律规定的刑罚种类划分重罪与轻罪;适用双轨制刑事制裁模式,刑罚和保安处分并行。近年来有组织犯罪成为困扰意大利社会严重问题,意大利出台一系列紧急立法,2011年颁布最新的《反黑手党犯罪及预防性措施》法典,对罪刑结构进一步调整:将作为特殊保安处分的“预防性措施”提到法典高度:广泛适用刑罚的替代性措施,部分轻微犯罪转由行政罚款的方式处理,意大利罪刑结构呈现出“非刑事化”立法趋向。
Italy’s traditional crime and punishment structure is representative: the criminal structure of the dual system is adopted to classify felony and minor misdemeanor by the types of penalties prescribed by law; the dual-track criminal sanction mode is applied, and punishment and security are handled in parallel. In recent years, organized crime has become a serious problem plaguing the Italian society. Italy issued a series of emergency legislation. In 2011, the latest anti-mafia crime and preventive measure code was enacted to further adjust the structure of crime and punishment: to be treated as a special security guard, Preventive Measures “mentioned the height of Codex: the extensive application of alternatives to penalties, the conversion of some minor crimes to administrative fines, and the structure of crimes and sentences in Italy showing the tendency of” decriminalization ".