Identity area
Type
Authorized form of name
Parallel form(s) of name
Other form(s) of name
Classification
Context area
Dates
Description
Jurisdictional functions are attributed to consuls, in different forms, in countries where the regime of capitulations applies.
A distinction is made between civil consular justice and criminal consular justice.
Civil consular justice is exercised either by the consul acting as a single judge in matters of lesser importance, or by the consular court. The consul acting as a single judge has jurisdiction over matters which, within the Kingdom, fall under the competence of the conciliator and the pretore; for this reason, case files are often referred to as pretorili and/or mandamentali.
The consular court is composed of the consul, who presides over it, and two judges (assessors).
In criminal matters, the judicial authorities are the consul and the consular court. The consul has jurisdiction over misdemeanours committed within the consular district or on board vessels flying the Italian flag. The consular court has jurisdiction over offences (delitti), while the Assise Courts of Genoa and Ancona (Ancona for Egypt) have jurisdiction over crimes (crimini).
In summary, serious offences are excluded from the jurisdiction of the consular courts and referred to the Assise Court of Ancona.
The distinction between misdemeanours, offences and crimes depends on the nature of the offence, in accordance with the provisions of the Penal Code (Sardinian Code of 1859; Kingdom of Italy Code of 1889).