Teaching code

4S00356

Academic staff

Roberto Flor, Ivan Salvadori

Coordinator

Roberto Flor

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/17 - CRIMINAL LAW

Period

2° periodo di lezioni - aprile/maggio 2019, 2° periodo di lezioni - febbraio/aprile 2019

Lessons timetable Moodle Seminars 0

Learning outcomes

The course will provide the conceptual, methodological and cultural basis to analyze and study the “ICTs Criminal Law”, cybercrimes and computer-related crimes and the “technological investigations”, developing the capacity in using correct and specific language and discourse. Students will gain, following this method and in subiecta materia, legal and technical expertise both on substantive criminal law and procedure criminal law levels.
The course will study the new illegal phenomena related to the use of the new technologies and Internet, also through social networks (for example: online defamation, frauds - connected to online banking, phishing, identity theft - privacy violation, copyright infringement, child pornography, child grooming, cyberterrorism, cyber laundering).
The course will analyze, taking into consideration real cases, the applicable criminal law, in particular for illegal activities down to the new concept of “cybercrime”, which is a transnational and global crime.
For this reason it’s necessary to analyze the most important international and European legal sources (Cybercrime Convention and Lanzarote Convention of the Council of Europe, European directives on: attack against information systems, child pornography, intellectual property, e-commerce and privacy)
Special attention will be given to the Internet Service Providers criminal liability, subject of recent European Court of Justice and Italian Corte di Cassazione judgements (cases Google, Netlog etc.).
In this area particular attention will be paid to the need to regulate the collection of data and the digital evidence, which are becoming increasingly important for the detection and prosecution of every criminal offence, not only “cybercrime”
As result of the course the students should be able to set correctly the relationship between general and special parts of criminal law in order also to solve cases in the mentioned sector recognizing the constitutive elements and circumstances of the criminal offences, the related criteria for the attribution of the penal responsibility, the eventual concurrence of more offences, the legal protected interests.

Program

The course is divided into 3 parts:

1. The analysis of the criminal code and its amendments, also in order to implement international conventions and the European law, in particular: computer related frauds, damages, computer forgery, illegal access, illegal interception.
2. Criminal offences provided by special law (privacy protection and intellectual property protection)
3. Illegal use of Internet, in particular online defamation, child pornography, child grooming, crimes committed through social networks, Internet Service Providers and bloggers criminal liability

Teaching methods are different with regard to students who will attend the course, due to repeated legislative interventions and different interpretation in jurisprudence, also at supra-national level. For students who will attend the course the methods will consist in frontal lectures about the basis and fundamental categories of “ICTs Criminal Law” and specific workshops on the recent, important and different interpretation in jurisprudence.
Specific works and articles and recent judgements will be published through on line e-learning.
During the academic year students may contact professors and use their students timetable (date of receipt). See the website of the Department
With regards to students who will not attend the course, the methods consist in the support of professors for an up to date study, available also through online information. After online registrations students may access to e-learning materials.
Students who attend the course can develop also short papers, in agreement with professors, replacing parts of the program.

Examination Methods

Students who attend the course can develop also short papers, in agreement with professors, replacing parts of the program.
The oral exam has the following goals:
 Level and depth of study and understanding
 Language properties
 Capacity to connect systematically the understanding
 Analitycal and arguing ability
Evaluation runs on a scale from 0 to 30 (successful completion of the examination starts from 18)
The candidate which demonstrates an excellent preparation and exposition could achieve the recognition of the laude

Teaching materials e documents

•   programma e testi consigliati (ingl)   (octet-stream, it, 16 KB, 8/21/18)
•   programma e testi consigliati (ita)   (octet-stream, it, 19 KB, 8/21/18)