DIRITTO PROCESSUALE PENALE COMPARATO
- Overview
- Assessment methods
- Learning objectives
- Contents
- Delivery method
- Teaching methods
- Contacts/Info
A preliminary knowledge of the Italian Code of Criminal Procedure, at least in its general features, is recommended.
. Attending students will be assessed on a continuous basis; the work produced for written assignments and for the preparation and in-class discussion of papers will be briefly reviewed during the final oral examination.
Non-attending students will, at the final examination, be examined orally on the materials studied and may also present critical reflections
. The course aims to teach both attending and non-attending students the comparative methodology in the study of criminal procedural law.
By the end of the course, students will understand that comparison is not the mere, verbatim study of another country’s code of criminal procedure. Students will be able to read a foreign legal system through the lens of domestic issues and with due regard for the distinctive institutional and cultural context of the relevant criminal procedural systems.
Students who are unable to attend will be expected to achieve the same outcomes through the study of the prescribed readings.
Attending students, depending on their foreign-language skills, will have the opportunity to work with texts not only in Italian but also in English, German, French, or Spanish. Building on a shared methodological foundation, the course will examine in depth those criminal procedural systems that are of greatest interest to the students. This will be complemented by a focus on the European Public Prosecutor’s Office (EPPO) as a distinctive example of functional comparison aimed at drafting a common instrument for all EU Member States.
Similarly, non-attending students will study the aims and functions of comparison and will select a criminal procedural system of their choice
After an initial traditional lecture, students will be actively involved in the study and discussion of the topics to be explored in subsequent meetings: both with respect to understanding methodological texts on comparison and with respect to reconstructing one or more foreign legal systems and developments concerning the EPPO
Attending students will find the necessary materials on the e-learning platform, where—after the handouts needed for the first lecture—the materials to be studied will be uploaded from time to time.
For non-attending students: Alessandro SOMMA, Introduzione al diritto comparato, Giappichelli, Turin, 2025 (3rd ed.), ISBN 9791221112030: only pp. 1–51, 105–128, 153–165, 207–224, 289–332; and two encyclopaedia entries of your choice from the following:
1. AIMONETTO, “Processo penale francese,” in Enciclopedia del diritto, Annali II, vol. I, Milan, 2008, pp. 703 ff.
2. FANCHIOTTI, “Processo penale statunitense,” in Enciclopedia del diritto, Annali II, vol. I, Milan, 2008, pp. 808 ff.
3. MARCOLINI, “Processo penale spagnolo,” in Enciclopedia del diritto, Annali II, vol. I, Milan, 2008, pp. 781 ff.
4. PATANÈ, “Processo penale inglese,” in Enciclopedia del diritto, Annali II, vol. I, Milan, 2008, pp. 744 ff.
5. RAFARACI, “Processo penale tedesco,” in Enciclopedia del diritto, Annali II, Milan, 2008, pp. 831 ff.
For non-attending students, the instructor is in any case available to suggest, as alternatives or for further study, articles in English, German, French, or Spanish on the systems of greatest interest.