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 outcomes

The course focuses on the illustration of the criminal process’ institutes, in view of the Constitutionally-sanctioned principles and of the International Conventions, on which the current laws are set forth. It aims to teach the main necessary evaluation tools for the understanding of the needs and of the values protected by the criminal process; to let students gaining the skills for the correct interpretation of the applying 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 application phase, also due to frequent and unsystematic amendments involving the criminal procedural law.

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).

Teaching methods
According to the University guidelines, the lectures will be held in presence and also accessible in live streaming via Zoom link. The recording of each lecture will also be published on the moodle page of the course.
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.
If health restrictions allow it, 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.

Suggested textbooks:
1) AA. VV., Compendio di procedura penale, a cura di M. Bargis (fondatori G. Conso, V. Grevi), ultima ed., Cedam.
2) G. GIOSTRA, Prima lezione sulla giustizia penale, ultima ed., Laterza.
It is strongly recommended the review of an updated Code of Criminal Procedure.
Suggested:
H. BELLUTA-M. GIALUZ-L. LUPÀRIA, Codice sistematico di procedura penale, ultima ed., Giappichelli.

Bibliography

Examination Methods

Oral test on the entire teaching program.
Evaluation is expressed in thirtieths.
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.

At the end of the first period of lessons, intermediate written exam on the program covered by the first period of lessons.
Evaluation is expressed in thirtieths.
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.
Positive evaluation reported in the intermediate written exam is included in the final evaluation, expressed in thirtieths.
The outcome of the written exam remains firm for the entire academic year 2021/2022, until the last exam session.