Teaching code

4S00329

Credits

15

Coordinator

Elisa Lorenzetto

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/16 - CRIMINAL PROCEDURE

Moodle Seminars 0

The teaching is organized as follows:

Learning objectives

The class focuses on the description of the criminal proceedings’ institutes, in view of the principles underlying the discipline and which are set forth in the Constitution and in International Conventions. The class aims at providing the students with the main necessary evaluation tools for understanding the needs and the values protected by the criminal trial. The course will students gaining the skills for the correct interpretation of the applicable rules in the framework of the general principles of the criminal procedural system as well as improving critical and dialectical skills to face legal issues in the enforcement phase, also due to frequent and unsystematic amendments involving the criminal procedural law.

Prerequisites and basic notions

To take the Criminal Procedural Law exam, students must pass the Criminal Law 1 exam.

Program

First unit:
• Fundamental guarantees of the individual in the Italian Constitution and International Charters. The constitutionalising of the “fair trial”.
• The subjects.
• The parties.
• Procedural actions. Invalidities.
• The evidence and the proof procedure. Restrictive measures.
Second unit:
• The preliminary investigation and the preliminary hearing.
• The judgement.
• The special proceedings. The proceedings before the Monocratic Courts.
• The appeals.
• The enforcement of the award.
• The relationships with foreign authorities.
The following subjects are non-inclusive:
• Proceedings before the Justice of the Peace.
• Juvenile criminal proceedings.
• Proceedings involving corporate criminal liability (Legislative Decree 8th June 2001, No. 231).

Bibliography

Didactic methods

The course consists of lectures (n. 90 hours, 15 CFU).
According to the University guidelines, the lectures will be held in presence.
The video recordings will be made available to students who are in particular situations of fragility due to disabilities or learning disabilities as well as to those in isolation due to Covid-19 (during the isolation period).
Further didactic activities will be the object of specific laboratories dedicated, for example, to the process simulation, to the study and to the techniques of drafting the procedural documents and to the analysis of the controversial cases in comparison with the professions.
Students will also be able to take part in additional educational activities, including assistance with the teacher to specific trial hearings and a guided visit to a prison institute.
A support path for further study or recovery will also be available, through the activity of tutors selected for this purpose.
The in-depth material and training related to teaching will be made accessible through the e-learning platform.

Learning assessment procedures

Oral test on the entire teaching program.
Evaluation is expressed in thirtieths.
At the end of the first period of lessons, intermediate written exam on the program covered by the first period of lessons for attending students.
Evaluation is expressed in thirtieths.

Evaluation criteria

Evaluation criteria:
- the knowledge and level of detail acquired;
- the ability to make systematic connections;
- the attitude to analytical evaluation and argumentative skills;
- possession of the appropriate legal terminology.

Criteria for the composition of the final grade

The positive evaluation reported in the intermediate written test contributes to the final evaluation, expressed out of thirty.
The outcome of the written test remains firm for the entire academic year 2022/2023, until the last available exam session.

Exam language

Lingua italiana