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

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.
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.

For all students, either attending the classes or not, 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)
Suggested textbooks
1) AA.VV., PROCEDURA PENALE, latest edition, Giappichelli, 2017

Alternatively



P. TONINI, MANUALE DI PROCEDURA PENALE, latest edition, Giuffrè, 2017

2) P. FERRUA, IL GIUSTO PROCESSO, latest edition, Zanichelli.

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, 2° ED., GIAPPICHELLI.

Examination Methods

Students shall pass an oral examination aimed at verifying:
- Knowledge and detailed study standards;
- Systematic linking skills;
- Critical evaluation and dialectical skills;
- Use of appropriate legal language.
The marks are on a scale of 30.