OVERVIEW

The course is focused on the study of the "static" part of criminal procedural law, i.e. procedural models, sources, national and supranational, general principles, with particular regard to constitutional principles, subjects, acts and evidence. A specific focus will be devoted to judicial statistics, as well as to the legal institute of the "ufficio del processo".

AIMS AND CONTENT

LEARNING OUTCOMES

Description of Italian criminal law system. Criminal proceedings: general principles, subjects, documents and records. Evidence and limitations of freedom.

AIMS AND LEARNING OUTCOMES

The course aims to provide students with basic notions and in-depth jurisprudence on criminal procedural law with specific reference to the following topics

    The procedural models;
    The sources of criminal procedural law;
    The constitutional discipline of criminal procedural law;
    The subjects;
    The acts with particular attention to the forms of invalidity;
    Evidence;
    Precautionary measures.

The course also aims to initiate students :

- to the use of one or more legal databases for the retrieval of normative sources, jurisprudential and doctrinal materials;

- the study of the digital criminal process;

- the analysis of concrete legal cases to develop argumentative skills.

Individual study, attendance and participation in the proposed training activities will enable the student to:

    Understand and remember the characteristics of traditional procedural models;
    Understand and remember the sources of criminal procedural law;
    Understand and remember the constitutional principles in criminal procedural law, recognising their implementation in ordinary procedural law or their possible friction with them;
    Identify the different types of acts;
    Distinguish the different subjects of the proceedings as well as understand the rules governing their presence within the proceedings;
    Identify the different forms of invalidity of acts as well as understand, interpret and apply the relevant regulatory discipline;
    Identify, understand and distinguish the means of proof and the means of obtaining evidence;
    Distinguish the different types of precautionary measures, identify the steps in the relevant procedure, understand, interpret and apply the relevant legal framework;
    To read and critically examine, with independent judgement, scientific articles in the field of criminal procedural law, texts of judgments of the courts of merit, legitimacy and of the Constitutional Court and of European judgments relating to procedural-criminal issues;
    Acquire appropriate technical legal language and use it to express oneself correctly.

TEACHING METHODS

The course has 54 hours (equivalent to 9 CFU), during which the basic functions, models and principles of the criminal justice process will be introduced.

In implementation of intervention line 4 of the PON Next Generation UPP project (D19J22000240006), specific attention will be devoted to the following topics:

a) judicial statistics;

b) the development, operation and potential of the "ufficio per il processo";

c) the digitalisation of criminal justice;

d) analysis of the main legal databases.

Periodically, texts of judgments of particular relevance and any reform legislation texts on which to initiate specific in-depth studies and collective discussion will be published on Aulaweb.

Occasionally scholars, magistrates and lawyers may be invited to lecture on topics of particular interest and topicality.

At the end of the course, students will attend one or more criminal hearings.

SYLLABUS/CONTENT

The historical and cultural premises

The sources of criminal procedural law

The subjects of the trial (the judge; the public prosecutor; the judicial police; the defendant; the defence lawyer; the person offended by the offence; possible parties)

Judicial statistics in criminal law (flows, lenght of proceedings, rudiments of judicial organisation)

The "ufficio per il processo"

The general theory of the criminal process (the criminal procedural act and invalidity; general theory of evidence; evidentiary vocabulary; means of proof and means of finding evidence)

Precautionary measures (introduction; types of precautionary measures; prerequisites for the application of measures; the procedure for applying measures; precautionary appeals)

RECOMMENDED READING/BIBLIOGRAPHY

In addition to the material provided in class, attending students are advised to study:

TONINI e CONTI, Manuale di procedura penale, ultima ed., Giuffrè, parti prima e second.

M. Gialuz - J. Della Torre, Giustizia per nessuno. L'inefficienza del sistema penale italiano tra crisi cronica e riforma Cartabia, Giappichelli, 2022 (p. 1-88).

Textbooks and possible reading materials for non-attending students:

TONINI e CONTI, Manuale di procedura penale, ultima ed., Giuffrè, parti I e II.

M. Gialuz - J. Della Torre, Giustizia per nessuno. L'inefficienza del sistema penale italiano tra crisi cronica e riforma Cartabia, Giappichelli, 2022 (p. 1-88; 141-170; 199-232).

Attending and non-attending students should use an up-to-date Code of Criminal Procedure as an indispensable tool for the preparation of the examination. For this purpose we recommend:

BELLUTA-GIALUZ-LUPARIA, Codice sistematico di procedura penale, last ed.

TEACHERS AND EXAM BOARD

Exam Board

JACOPO DELLA TORRE (President)

MITJA GIALUZ

MICHELA MIRAGLIA (President Substitute)

LORENZO AGOSTINO (Substitute)

ALESSANDRO MALACARNE (Substitute)

MORRIS MARINI (Substitute)

MARIO PERALDO GIANOLINO (Substitute)

LESSONS

LESSONS START

I semester from September 14th to December 4th 2020
II semester from February 15th to May 7th 2021

Class schedule

L'orario di tutti gli insegnamenti è consultabile all'indirizzo EasyAcademy.

EXAMS

EXAM DESCRIPTION

The exam is oral, on the entire syllabus. It will generally be structured in three questions.

ASSESSMENT METHODS

The examination aims to verify the student's knowledge and acquisition of the theoretical notions relating to the topics covered in the syllabus.

By means of general theoretical questions, it will be ascertained whether the student is able to

   - identify and define legal concepts using appropriate technical language;
   - identify, distinguish, understand and apply, with a critical spirit and autonomy of judgement, both the sources of criminal procedural law, whether national or supranational, and the texts of certain fundamental judgments, knowledge of which is indispensable for a complete overview of the topics covered by the programme;

- master the main concepts of judicial statistics.

Exam schedule