La giustizia criminale a Mantova in età asburgica: il Supremo Consiglio di Giustizia (1750-1786)

Hapsburg age marks a new outset and at the same time a definitive sunset of a Lombard Court, called Supremo Consiglio di Giustizia di Mantova. His criminal sentences represent a privileged observatory for a deepened study based on criminal phenomenon, on criminal apparatus operation, and on justice administration in Mantova. Ius commune system was characterize by a variegated law source mosaic, and the plurality of law levels. This system must face lot of law blanks, that inevitably required subjectivity. This arbitrium permit the surfacing of crime circumstances profile, psychological and tangible elements that characterize the felony, influencing punishment. In many trials come to light subjective element of negligence and, as defence cause, legitimate self-defence. Others elements contribute to modify punishment, as aggravanting factor of locus commissi delicti, tempus commissi delicti, the relationship between guilty and victim, consuetudo delinquendi, atrocious crimes, that required a more cruel execution. By processual point of view it will be extensively analysed evidences subject, consequence of doctrine interpretative work and in practice, judge prerogative. Criminal emergency and the fear of the omnipresent thief, assassin, and robber, appears also in those particular instruments called specialia in procedendo, a real ordo iudiciarius waiver, to stem atrociores (incurable delinquent). Process could be delayed or even stopped by remissio of victim, or by the guilty claim of ius asyli. It’s fundamental the topic of grace, instrument hard to categorize, because of his ambiguity and evading that characterize his nature. Grace is the only way for the sentenced to avoid execution or to ask a sentence reduction or to change the punishment inflicted into other kind of penalty. The study of grace shows a double-face justice: merciless and compassionate togheter. A system trying to fix errors with the examples, with augmented bloody executions, but ready to give forgiveness those who redeem themselves.