Scientific Disciplinary Sector (SSD)
IUS/17 - CRIMINAL LAW
Language of instruction
2° periodo lezioni (2A) dal Feb 14, 2022 al Mar 26, 2022.
The course provides the conceptual, methodological and cultural basis to analyse cyber-criminality phenomena and to study the Information and Communication Technologies Criminal Law System in Italy, in a European and international perspective.
The course aims at providing the knowledge on the categories of computer-related crimes and cybercrimes and the technological investigations laws, developing the capacity of the students to use the specific technical-legal language and the most appropriate legal arguments.
1. Analysis of the most recent criminal phenomena in the technological context regarding the illicit use of Internet (online defamations, childpornography, child-grooming, social networks and social media abuse, cyber-attacks, cyberterrorism and cyberwarfare) and of the technological instruments in the fight cybercrime.
2. Analysis of the international and european legal sources on cybercrime, with particular attention to the Council of Europe Reccomendations (1989) and Cybercrime Convention (2001), the EU Directives on Childpornography (2011), Cyber-attacks (2013), NIS (2016) and the EU Cybersecurity Act (2019)
3. Analysis of the most important criminal offences of the Italian Penal Code, taking into account the cybercrimes systematic, in particular: artt. 392, 491 bis, 495 bis, 595, 600 ter, 600 quater, 600 quater-1, 600 quinquies, 609 undecies, included the new art. 612 ter, 615 ter, 615 quater, 615 quinquies, 616, 617 quater, 617 quinquies, 617 sexies, 623 bis, 635 bis-quinquies, 640 ter, 640 quinquies
4. Analysis of the criminal offences provided by special laws: Privacy Code (d.lgs. 196 /2003) after the Regulation 2016/679/Ue (GDPR); Cyberbullism; Copyright Protection.
5. Analysis of the most important questions on the Internet Service Providers criminal liability and the criminal liability of bloggers, website managers, online newspapers, user-generator-content sites.
6. Analysis of the technological investigations provided by the Italian Law
Students attending classes: frontal classroom lessons.
The lessons will concern all the parts of the program.
Specific case studies will be analyzed, following the Problem Based Solving (PBS) method.
The materials of the lessons, including ppt presentations, video, scientific works and case studies, will be published on the moodle of the course.
Students not attending classes are invited to contact the Professor in order to receive support and useful references for the preparation of the exam
Erasmus students are invited to fix an appointment with the Professor in order to select an individual program, taking into consideration also the State of origin.
All Students may access to the moodle of the course, which will contain the course materials, and to the website of the Cybercrime Observatory (http://sites.les.univr.it/cybercrime/).
The book is indicated in the section "Books": Trattato di Diritto penale – Cybercrime, a cura di Cadoppi Alberto, Canestrari Stefano, Manna Adelmo, Papa Michele, Utet, 2019.
The useful parts for the preparation of the exam are the following:
chap. II (35-96)
chap. III (98-139)
chap. IV (142-192)
chap. VI (273-284)
chap. VII (285-305)
chap. X-XIV (374-613)
chap. XVII (656-722)
chap. XIX-XX (762-855)
chap. XXV (1020-1044)
chap. XXVI (1046-1171, limited to paragraphs 7 to 12)
In part II:
chap. XI (1522-1550)
Office hours are published on the Professor’s personal webpage. For special reasons, students may ask to fix an appointment at different time and through Zoom meeting.
Visualizza la bibliografia con Leganto, strumento che il Sistema Bibliotecario mette a disposizione per recuperare i testi in programma d'esame in modo semplice e innovativo.
The final exam is oral and the official language is Italian.
No midterm exams are planned.
Students must prove to understand the cybercrimes systematic, through the study of the international, European and domestic legal sources, the specific criminal offences and their constituent elements, and the most important questions concerning the interpretation and the application of law.
Erasmus students are invited to contact the Professor in order to identify the individual valuation method.
The oral exam has the purpose of assessing the level of the study and the knowledge, the language properties, the capacity to connect systematically the understanding and the knowledge, and the analytical and the arguing ability.
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.
The exam consists on an open question for each part of the program, which are of equal importance.
In case of an excellent knowledge and a high level of problem-solving capacity the candidate may earn the highest grade with “cum laude” honor.