DIRITTO PROCESSUALE PENALE
For a fruitful participation to the teaching activity, a good knowledge of constitutional law and of substantive criminal law is necessary, also and above all with regard to the many examples of single types of criminal offences dealt with in the criminal law courses. To this end, students will have to review the texts already studied in both subjects, focusing in particular on the constitutional provisions relating to the fundamental rights of the person and the organization of the judiciary system, on single criminal offences and on the criminal penalties.The (re)-reading of the case-law studied in the previously attended courses is also strongly recommended. A first reading of the manual drawn up by the undersigned professor, “Diritto processuale e pratiche criminali”, Zanichelli (Bologna) 2020, II ed., alongside which, waiting for the III ed., an independent update on the “Cartabia Reform” by the colleague Stefano Marcolini will be released in the autumn.
The exam is aimed at ascertaining the acquisition of the required knowledge and at evaluating the achievement of the expected results: the correct use of the tools of exegesis; the lexically correct organization of topics and institutes, according to logical and argumentative rules; the possession of (linguistic and communicative) skills suitable for solving application problems and/or for commenting, even critically, on legislative or jurisprudential solutions. To this end, only attending students are given the possibility of an intermediate written exam, with multi-choice questions, aimed at measuring the acquisition of notions, and open questions, aimed at assessing the exegetical and interpretative skills on a rule or on a specific case. The correct multi-choice questions will be given a score of 0.5 each for a total of 15 points. The open questions, structured into four different types (presentation of an institute, comment on a rule, identification of the rationale of a specific ruling, procedural argumentation) will be awarded the score of 4 points each for a total of 16 points. The total of the written test (for a maximum of 31 points, i.e. 30 cum laude) will average the results of the following oral test, with a difference of +/- 3 points. Successful passing of the written test (with at least 17/30) allows attending students to take the oral test only on the second part of the course.
The course aims to develop and consolidate, through the study of the criminal procedural code, the traditional skills of the law student (who reached the fourth year of the degree course), with reference, in particular, to the correct identification of the sources of law, to the reading - even critical - of the procedural rules and to the identification of the problems connected with the application of the relative practices. Special attention will be devoted to the exercise of oral and written linguistic and communication skills, complementary to these studies. Expected learning outcomes Specifically, at the end of the study, the student must be able to: • Identify and reflect on the rationale and meaning of a provision of the criminal procedural code subjected to its reading; • reconstruct, with proper language and respect for the sources of law, a topic of the criminal justice, arguing in complete autonomy from the textbook, especially in the light of constitutional principles and rules; • apply what has been studied, also commenting in a critical way jurisprudential and/or doctrinal solutions of cases object of its attention
The course covers the entire discipline of the criminal proceedings. After the necessary methodological premises and the most appropriate constitutional references, the study focuses on subjects, acts, evidence law and trial. In a dynamic perspective, the examination of each phase of the criminal proceeding (investigations, preliminary hearing, special procedures, trial, appeals) is followed by precautionary measures, the “res iudicata” and its execution. The final part of the course is dedicated to the so called “microsystems”: juvenile justice, justice of the peace, administrative liability of legal persons, Book XI of the criminal code (jurisdictional relations with foreign authorities). Provisions of law, institutes and, more generally, procedural concepts are explored according to the various legislative, jurisprudential and doctrinal formants.
The course is developed in a general part of 50 hours, of which 10 hours dedicated to experiential learning forms, and in a laboratory, entrusted to a contract professor, who will deepen the procedural argumentation and, with it, the moment of judgment. Almost all of the lessons will have an interactive nature, based on the studies and readings that the students will be asked to do, according to the program and always before each lesson. Taking notes is strongly discouraged.The disposability of an updated criminal code is required from the first day. The understanding of what has been studied and discussed and the elaboration of even complex concepts can be periodically verified with self-assessment tests on the e-learning platform. The experiential teaching will be based on simulation activities and, together with the procedural argumentation laboratory, will be part of the final evaluation.