The law of Italy has several sources. These are hierarchical: the law or regulation from a lower source cannot conflict with the rule of an upper source (hierarchy of sources).[163] The Constitution of 1948 is the highest source.[164] The Constitutional Court of Italy rules on the conformity of laws with the constitution. The judiciary bases their decisions on Roman law modified by the Napoleonic Code and later statutes. The Supreme Court of Cassation is the highest court for both criminal and civil appeals.
Italy lags behind other Western European nations in LGBT rights.[165] Italy's law prohibiting torture is considered behind international standards.[166]
Law enforcement is complex with multiple police forces.[167] The national policing agencies are the Polizia di Stato ('State Police'), the Carabinieri, the Guardia di Finanza ('Financial Police'), and the Polizia Penitenziaria ('Prison Police'),[168] as well as the Guardia Costiera ('Coast Guard Police').[167] Although policing is primarily provided on a national basis,[168] there are also the provincial and municipal police.[167]
Since their appearance in the middle of the 19th century, Italian organised crime and criminal organisations have infiltrated the social and economic life of many regions in southern Italy; the most notorious is the Sicilian Mafia, which expanded into foreign countries, including the US. Mafia receipts may reach 9%[169] of GDP.[170] A 2009 report identified 610 comuni which have a strong Mafia presence, where 13 million Italians live and 15% of GDP is produced.[171] The Calabrian 'Ndrangheta, probably the most powerful crime syndicate of Italy, accounts alone for 3% of GDP.[172]
At 0.013 per 1,000 people, Italy has the 47th highest murder rate,[173] compared to 61 countries, and the 43rd highest number of rapes per 1,000 people, compared to 64 countries in the world. These are relatively low figures among developed countries.