V
Too Soon! (Troppo Presto!)
(A Criticism of the New Italian Penal Code)
In this book, which was written during the interval between the publication of the new Penal Code and its sanction by the Italian Parliament, my father makes a rapid criticism of the Code, which he considered premature. Only a few decades had elapsed since the proclamation of Italian Unity; and the widely differing races that people the provinces constituting the kingdom of Italy had not been able in that brief period to acquire sufficient uniformity of customs to make a single code of laws desirable.
But the book is not merely a criticism. It also contains an exposition of the fundamental principles that, according to my father, should underlie every serious and efficacious code of laws. It is this part that makes this somewhat hastily written book of such importance to criminologists; because it sets forth under the chief heads the juridical desiderata of the New School.
The following brief extract gives an indication of the nature of these principles:
1. The legislation of a country should always be regulated by the customs of the people whom it is to govern; and although a system of different penal codes to suit the varying races and customs in the different regions of one State may offer certain disadvantages, they are always of less importance than the difficulties caused by a uniform code.
2. The object of every code should be the attainment of social safety, not the careful weighing of guilt and individual responsibility. The worst and most dangerous criminals should be treated with the greatest severity; but indulgence should be shown towards minor offenders. The former should be segregated for life in prisons or asylums; the latter should never be allowed to become acquainted with prison life, but should be corrected by means of other penalties, which would not bring them into contact with true criminals, nor necessitate their temporary retirement from civil life.
3. Certain reprehensible actions (abortion, infanticide, suicide or complicity therein, passionate crimes, duelling, swearing, adultery, etc.), which are not considered criminal by the general public, should be non-criminal in the eyes of the law.
4. Born criminals, the morally insane, and hopeless recidivists, whose first convictions are not followed by any signs of improvement, should be regarded as incurable and confined for life in criminal lunatic asylums, relegated to penal colonies, or condemned to death.
A second edition of this book was published shortly afterwards with the title Notes on the New Penal Code. In this edition, each of the most notable adherents of the new doctrines: Ferri, Garofalo, Ballestrini, Rossi, Masé Dari, Carelli, Caragnani, and others, discussed one special point of the code and suggested the necessary modifications.