DIRITTO PENALE PROGREDITO

Degree course: 
Corso di Long single cycle degree (5 years) in Law - Como
Academic year when starting the degree: 
2018/2019
Year: 
3
Academic year in which the course will be held: 
2020/2021
Course type: 
Compulsory subjects, characteristic of the class
Seat of the course: 
Como - Sant'Abbondio
Language: 
Italian
Credits: 
6
Period: 
First Semester
Standard lectures hours: 
35
Detail of lecture’s hours: 
Lesson (35 hours)
Requirements: 

An adequate knowledge of Constitutional Law, Criminal Law and the key elements of UE law and supranational law are required and essential to a full understanding of the Advanced Criminal Law Course.

Oral examination conducted in the way of an inverted cone: a general question followed by some more specific questions that open up further perspectives of verification.
Will be assessed in particular the ability to report the contents of the program as appropriate to the specific nature of matter the ability to connect the various institutes of criminal law, argumentation skills, technical and expressive skills.

Assessment: 
Voto Finale

This mandatory course provides the necessary completion of the Criminal law course, concerning the general architecture of the Criminal Justice System; further possibilities to enlarge competencies in criminal matters are offered by the following not mandatory courses: "Commercial Criminal Law" and "Restorative justice and mediation".
The Advanced Criminal Law Course deals with the analysis of two sets of criminal norms: crimes against the individual and sanction system and sentencing. The analysis of the above mentioned norms requires constant references to the principles, structures, mechanisms and implementation of the general part of the Italian Criminal code and a good knowledge of the interpretative techniques of the criminal law and of the supranational legal framework.
At the end of the course, students should demonstrate appropriate skills in relation to the following aspects: (a) contents of the main criminal norms against the individual; (b) sentencing.
It also aims to promote an improvement of criminal policy options comprehension.
From A.A. 2020/21, the advanced criminal law course is provided only in the 6 CFU formula for a total of 35 hours of teaching, intended for students in the third year of the course. It intends to offer in-depth knowledge in relation to the sanctioning system, thus placing itself in the Anglo-Saxon forms of a course of sentencing and includes notions of judicial psychology.

The course deals with two sets of criminal norms: sentencing and crimes against the individual.
As for the latters, in particular:
- Part I, Chapter 3, pp. 51-69.
 art. 575 c.p., omicidio;
 art. 578 c.p., infanticidio in condizioni di abbandono materiale e morale;
 art. 579 c.p., omicidio del consenziente;
 art. 589 c.p., omicidio colposo;
 art. 589-bis c.p., omicidio stradale;
 art. 586 c.p., morte (o lesioni) come conseguenza di altro delitto;
 art. 584 c.p., omicidio preterintenzionale;
- Part I, Chapter 4, pp. 75-82 e 85-88.
Dovranno essere oggetto di studio i seguenti reati:
 art. 582 c.p., lesione personale;
 art. 590 c.p., lesioni personali colpose;
 art. 581 c.p., percosse;
 art. 588 c.p., rissa.
- Part II, Chapter 2, sezione 2, pp. 237-257.
 612-bis c.p., atti persecutori.

For the part related to the sanction system, the student is called to work independently, identifying in the manual indicated for the course of basic criminal law, the topics covered in lesson. Insights and practical cases will be uploaded to the e-learning platform.
The following text is also part of the program:
A. Forza, G. Menegon, R. Rumiati, The Emotional Judge, the Mill, Bologna 2017.
For the part related to crimes against the individual we recommend the manual of D. Pulitanò (edited by), Criminal Law Special Part, Vol. I, Criminal Protection of the Person, Giappichelli, Turin, 2019, limited to the above parts.

Convenzionale

The course takes place in the first term, through 35 hours of lecture, and is enriched by the contribution of knowledge offered by Italian or foreign guests from academia, the judiciary or the Italian Bar Association.
Teaching includes theoretical lessons, designed to illustrate the principles and contents of criminal law and criminological issues made by distance learning (teams or powerpoint)
Papers, criminological surveys, power-point presentations, judgements and other scientific materials may be available on the e-learning platform.

Professors