OVERVIEW

This course introduces the fundamentals of European criminal law history, paying specific attention to Italian area. It provides the student with the expertise deemed essential for every contemporary jurist, namely the basic knowledge and methodology for comprehending the origins and development of both criminal law and procedure, and the evolution of the criminal phenomenon up to the present emergencies.

AIMS AND CONTENT

LEARNING OUTCOMES

The course will focus on the main transformations of European Criminal Law from the Middle Ages to the Early Modern Age; the innovations demanded by Juridical Enlightenment and the development of codified Criminal Law from the late 18th century to current legislation; the main penal and criminological theories and the evolution of crime with special consideration for Associative crimes (from banditry to mafia-style crimes).

AIMS AND LEARNING OUTCOMES

The course of History of Criminal Law and Crime aims to provide the student with the knowledge and methodology concerning the fundamentals of criminal law in its historical dimension (legal sources system, legal doctrine, crimes and penalties typology, legal procedures).

Attending the course, as well as participating to the educational activities proposed and the personal work, will finally enable the student to:

- explain and take into context criminal law sources from the Middle Ages to the present day;

- comprehend the reasons of criminal policies through different epochs;

- value the political and constitutional meanings of criminal law;

- identify the most important methodological issues of researching criminal legal history;

and therefore to:                                                                  

- identify and remember a detailed overview of the fundamental legal institutions of criminal law and procedure through the ages.

PREREQUISITES

The essential basics of European history are taken for granted.

TEACHING METHODS

This 36-hour course combines lectures with video-projections. The lectures will present, explain and exemplify the objects of the course program that the student will consequently assimilate through personal work. The slides projected during the lectures will be available, as well as course updates and other educational material, on the e-learning platform “Aulaweb”.

Lectures will be integrated by seminaries and laboratory activities, in order to discuss and debate on current topics (e.g. crime of torture, death penalty, organized crime).

The course attendance is suggested (rules will be explained during the first lectures).

To make studying easier, students will be able to take advantage of the professor’s support during the lectures, as well as during office hours and by appointment made by email. Students will be able to take advantage of teaching assistants and tutors’ support too.

SYLLABUS/CONTENT

The course will be based on the presentation and discussion of the following topics:

• Evolution from private to public management of the criminal justice;
• Adversarial procedure and inquisitorial procedure;
• Theoretical elaboration of criminal law fundamentals;
• Crime and punishment system from the Middle Ages to Early Modern Period;
• Enlightenment and law;
• Penal codes in the 19th century;
• Italian criminal law schools between the 19th and 20th century;

Evolution of the criminal phenomenon with specific regard to associative crimes (from banditry to mafia-style crimes).

RECOMMENDED READING/BIBLIOGRAPHY

Attending students: to pass the final exam it will be necessary to study the following textbook (together with class notes and slides projected during the lessons):

• A. Dani, M.R. Di Simone, G. Diurni, M. Fioravanti, M. Semeraro, Profilo di storia del diritto penale dal Medioevo alla Restaurazione, Torino, Giappichelli 2012 (108 pages).

Supplementary readings might be eventually suggested by the professor during the lectures.

Non-attending students: to pass the final exam it will be necessary to study the following textbooks:

• A. Dani, M.R. Di Simone, G. Diurni, M. Fioravanti, M. Semeraro, Profilo di storia del diritto penale dal Medioevo alla Restaurazione, Torino, Giappichelli 2012 (108 pages);
•  M. Cavina, Nozze di sangue. Storia della violenza coniugale, Roma – Bari, Laterza 2012 (245 pages).

Erasmus students: to pass the final exam it will be necessary to study the following textbook:

• A. Dani, M.R. Di Simone, G. Diurni, M. Fioravanti, M. Semeraro, Profilo di storia del diritto penale dal Medioevo alla Restaurazione, Torino, Giappichelli 2012 (108 pages).

TEACHERS AND EXAM BOARD

Exam Board

MAURA FORTUNATI (President)

RICCARDO FERRANTE

ROBERTA BRACCIA (Substitute)

DANIELE COLONNA (Substitute)

MATTEO CARMINE FIOCCA (Substitute)

FEDERICA FURFARO DEGASPERI (Substitute)

DANIELE ROSA (Substitute)

DANIELA TARANTINO (Substitute)

LESSONS

LESSONS START

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

Class schedule

HISTORY OF CRIMINAL LAW AND CRIME

EXAMS

EXAM DESCRIPTION

The final exam will be oral and based on lectures, slides and textbooks. The final judgement will be given by a specific examination board, using a 30-point scale that can be divided into failing (0 to 17) and passing (18 to 30 cum laude) grades. To take the final examination, students must previously enroll online. Candidates are asked to cancel online the enrollment, in case they decide not to take the exam.

Erasmus students: the final exam will be oral and based on the following textbook: A. Dani, M R. Di Simone, G. Diurni, M. Fioravanti, M. Semeraro, Profilo di storia del diritto penale dal Medioevo alla Restaurazione, Torino, Giappichelli 2012 (pp. 108).

ASSESSMENT METHODS

During the final oral examination, a specific examination board will ask the candidate a multiplicity of questions. By answering, the student will have to demonstrate learning and understanding of the program.

The student will have to be able to:

- explain, take into context and coordinate criminal law sources, legal doctrine, crimes and penalties typology and legal procedures from the Middle Ages to the present day;

- comprehend the reasons of criminal policies through different epochs;

- debate the political and constitutional dimension of criminal law;

- identify the most important methodological issues of researching criminal legal history;

- understand the importance of considering both criminal law and criminal phenomenon in their historical dimension and discuss their changes, continuities and discontinuities.

Therefore, the assessment will be based also on the quality of the oral exposition, the correct use of criminal law language and especially on the capacity of critical thinking.

Exam schedule