Diritto penale e processuale penale svizzero
- Overview
- Assessment methods
- Learning objectives
- Contents
- Full programme
- Teaching methods
- Contacts/Info
A good knowledge of the main concepts of Italian criminal law is required
For attending students, the exam is designed to ascertain the acquisition of the required knowledge and to assess the achievement of the expected results: the correct use of vocabulary, and the logical and orderly organization of discourse.
To this end, for attending students only, an intermediate written examination will be given, with multiple choice questions, aimed at measuring the acquisition of the notions, and open questions, directed at assessing lexical, communicative and argumentative skills.
Non-attending and attending students who have not passed or accepted the written test grade are examined orally only. In the general question, language and argumentative skills will be assessed. In the more detailed ones knowledge of the institutes and identification of the rationale of individual procedural phenomena.
The course aims to provide the student with concepts, institutions and topics of the Swiss criminal process, both from a theoretical point of view and in their practical application. At the end of the course, the student will master the legal-procedural vocabulary specific to the subject, and will be able to interpret and apply the relevant normative discipline to concrete cases.
The subject of the course is the (new) Swiss Federal Code of Criminal Procedure, which after heated discussions codified a common criminal procedural rite for all the cantons.
After the necessary methodological and linguistic premises, subjects (prosecuting authorities and judges, and procedural parties), documents, evidence and coercive measures will be analyzed. The individual stages of the proceedings will then be studied, from the notitia criminis to the res iudicata, passing through the preliminary investigative procedure and the instruction of the public prosecutor, the preparation of the hearing and the conduct of the trial, summary procedures and remedies.
Following the order of the "Syllabus" published in platform, lecturers will alternate between general exposition on the various procedural institutes, and detailed examination of individual legal provisions and from the analysis of some judicial measures issued by cantonal and federal judicial authorities. Active participation of the student is required, who, being able to read in advance the topics of the meetings, will be called upon to interact with the lecturer, preparing outlines of the previous lectures, suggesting exegesis of individual provisions, arriving at an analysis of some judgments.
The lecturer is available before or after class.
Any additional needs (e.g., for thesis information) can always be represented by contacting the lecturer directly via e-mail.