Teaching code

4S009845

Teacher

Ivan Salvadori

Coordinator

Ivan Salvadori

Credits

9

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/17 - CRIMINAL LAW

Period

1st lecture period (1A), 1° periodo lezioni (1B)

Lessons timetable Moodle Seminars 0

Learning objectives

The course is intended to provide the student with the knowledge of the general part of criminal law, and the comprehension of the system of imputation of liability, in the light of constitutional principles and supra-national sources.

At the end of the course, the student will be able to identify the relevant sources as well as elaborate on legal issues concerning the main topics and the subject, in both oral and written forms, developing proper reasoning and argumentation, using an appropriate and specific vocabulary, reaching independent judgement on actual cases, adopting a method based on continuous learning and knowledge updating.

Prerequisites and basic notions

It is mandatory to take previously the course in Constitutional Law and Private Law.

Program

The course will be divided into the following parts:
1st Part: The evolution and the general characteristics of the criminal law
• The basis and limits of the punitive power of the State
• The basic characteristics of the Italian Penal Code
• The influence of the Constitution as well as the Constitutional Court case-law on the criminal justice system
2nd Part: The criminal legislation in a multilevel legal system
• Sources of criminal law
• The fundamental principle of legality (lex certa and lex scripta principles, non-retroactivity principle)
• The influence of the International and European Law on the Italian criminal law
3rd Part: The structure and the objective elements of the criminal offence
• The concept and function of the legal good
• The notion of “actus reus”
• The active or omissive conduct
• The wrongful result and the rules of causation
4thPart: The unlawfulness of the act
• Justification and excuse
5th Part: Subjective elements of the criminal offence (“mens rea”): culpability principle
• Intention (“dolo”)
• Negligence
• Preterintention and strict liability
• Ignorance and mistake of law
6th Part: The different forms and manifestations of the criminal offence
• The attempt
• Complicity and joint criminal enterprise
• Circumstances of the criminal offence
• Concurrence of offences
7th Part: The consequences of the criminal offence
• The “binary system” of criminal penalties and security measures
• The function and the general purposes of the criminal penalty
• The accessory penalties and the causes of extinction of the crime

Bibliography

Didactic methods

Language of teaching for this course is Italian. All literature and auxiliary materials are also in Italian.
For students attending classes, the course will be mainly based on lectures concerning the Italian Criminal Law and the study of the Italian criminal code and the suggested readings. Workshops or seminars about specific topics or case studies could be organized during the course. The online registration to the University e-learning platform will provide students with a source of reference.
The professor will provide support to students non-attending classes during the office hours (see the Law Department webpage). They may also register to the University e-learning platform and have access to a source of reference.

Learning assessment procedures

The final exam consists of a written exam (multiple choice questions) and an oral examination. Intermediate tests are possible, by agreement with the professor.

Evaluation criteria

The final exam aims at verifying:
• the level of achievement of the learning outcomes previously identified
• the linguistic accuracy
• the argumentative, reasoning and problem-solving skills
• the ability to connect systematically the knowledge achieved

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