Learning objectives

The course will be divided into three modules. The first module will concern the definition: - of the notion, history, methods and function of comparative criminal law; - the main models of criminal codification: civil law and common law in comparison; - the process of codification of European criminal law: consequences and perspectives. The second module will analyze the main European criminal systems: - The function of the penalty and the guiding principles: from the principle of legality to the principle of extrema ratio; - the crime and its constituent elements; - the causes of justification and excuses; - the attempt and participation of persons in the crime; - the corporate responsibility models. The third module will concern the reconstruction and critical analysis of the most controversial or current criminal policy choices, and of the correlative legal discipline, adopted in the main European criminal systems, with regard to the following issues: - aid for suicide and availability of the good of life; - sexual violence, stalking, gender-based violence; - cybercrime, cyber crime and responsibility for artificial intelligence systems; - terrorism; - recycling. The teachers reserve the right, upon request, to make changes, especially to the third module, to allow for the in-depth study of issues that are the subject of proposals and of interest to the students attended. For attending students, the exam program will be based mainly on the topics covered in class, including materials and slides made available; while non-attending students and Erasmus students are asked to contact the teachers to agree on the details of the program and the exam methods.

Prerequisites and basic notions

The course, which requires prior knowledge of the institutes and categories of the general part of the criminal code, requires passing the examination of Criminal Law 1 (or Criminal Law, for the three-year degree course).

Program

The course will be divided into three modules. The first module will concern the definition: - of the notion, history, methods and function of comparative criminal law; - the main models of criminal codification: civil law and common law in comparison; - the process of codification of European criminal law: consequences and perspectives. The second module will analyze the main European criminal systems: - The function of the penalty and the guiding principles: from the principle of legality to the principle of extrema ratio; - the crime and its constituent elements; - the causes of justification and excuses; - the attempt and participation of persons in the crime; - the corporate responsibility models. The third module will concern the reconstruction and critical analysis of the most controversial or current criminal policy choices, and of the correlative legal discipline, adopted in the main European criminal systems, with regard to the following issues: - aid for suicide and availability of the good of life; - sexual violence, stalking, gender-based violence; - cybercrime, cyber crime and responsibility for artificial intelligence systems; - terrorism; - recycling. The teachers reserve the right, upon request, to make changes, especially to the third module, to allow for the in-depth study of issues that are the subject of proposals and of interest to the students attended. For attending students, the exam program will be based mainly on the topics covered in class, including materials and slides made available; while non-attending students and Erasmus students are asked to contact the teachers to agree on the details of the program and the exam methods.

Didactic methods

The teaching will be divided into lectures, exercises and seminars, which may also be held by visiting professors from Italian and foreign universities, aimed at deepening individual topics indicated. During the lessons, the systematic presentation of the topics covered by the Course and the analysis of jurisprudential rulings, including foreign ones, considered useful will be conducted. Students, if attending, will be invited to actively participate, also by intervening in seminars with interventions and contributions to be presented on specific issues, which will be taken into consideration for the final evaluation.

Learning assessment procedures

The final exam, for both attending and non-attending students, consists of a final oral interview. For attending students only, it is possible to take an intermediate test on the first part of the program (50% of the final grade) and to carry out research, to be documented with the drafting of essays, on specific issues that may be exposed in the course. of lectures or in seminars, and the evaluation of which will help determine the final grade.

Evaluation criteria

The exam will be aimed at verifying: • The level of achievement and acquisition of the knowledge and skills described above in the section "Training objectives"; • The ability to connect the acquired knowledge in a systematic and reasoned way, using comparison as an aid in the application of criminal law and specifically in solving problematic issues in a supranational and transnational perspective; • The analytical and argumentative capacity, including the property of language, to be acquired for study and research in the field of comparative law, in addition to the autonomy of judgment, also in the resolution of practical cases involving fundamental institutions of criminal law.

Criteria for the composition of the final grade

Grades are awarded on a scale from 18 to 30, where 30 is the highest grade and 18 is the lowest grade to pass the exam. In case of an excellent knowledge, a high level of linguistic accuracy and an argumentative, reasoning and problem-solving capacity the candidate may earn the highest grade with “cum laude” honor.

Exam language

Italiano