|SCIENTIFIC DISCIPLINARY SECTOR||IUS/16|
Prerequisites (for future units)
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".
Description of Italian criminal law system. Criminal proceedings: general principles, subjects, documents and records. Evidence and limitations of freedom.
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 acts with particular attention to the forms of invalidity;
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 use of telematic process tools;
- 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.
The teaching consists of frontal lectures, for a total of 54 hours (equal to 9 CFU), during which the static of the criminal trial will be presented and analysed, with a parallel discussion of the most relevant jurisprudential orientations on the topics covered by the programme.
In implementation of intervention line 4 of the PON Next Generation UPP project (D19J22000240006), in which the lecturer is participating, specific attention will be devoted to the following topics
a) judicial statistics;
b) the development, operation and potential of the criminal trial office;
c) the digitisation of criminal justice;
d) analysis of the main legal databases, in particular providing students with the ability to carry out case law research independently.
For the students attending the GIA degree course, a seminar will be organised in which the outline of criminal proceedings will be illustrated and an outline of the trial of entities will be given.
Periodically, texts of judgments of particular relevance will be published on Aulaweb, as well as any reform legislation texts on which to initiate specific in-depth studies and a collective discussion.
From time to time, scholars, magistrates and lawyers may be invited to lecture on topics of particular interest and topicality, also in order to enable students to acquire a greater awareness of the concrete dimension of the subject.
Procedural models. The sources of criminal procedural law. The constitutional principles relevant to criminal procedural law with particular regard to those contained in Article 111 of the Constitution. The parties and the subjects of criminal proceedings (the judge, the public prosecutor, the defendant, the civil party, the civilly liable party, the civilly obliged for the fine; the defence counsel, the person offended by the offence, the judicial police). Hints of judicial statistics in criminal matters. The "ufficio per il processo". The general discipline of acts. The different types of documents. Notifications. Time limits. The forms of invalidity of documents (nullity, unusability, inadmissibility, forfeiture and non-textual invalidity). Evidence: general provisions on evidence, means of evidence, the evidentiary procedure. Precautionary measures. Precautionary measures. Exclusively for students enrolled in the GIA: also the trial of juridical persons and elements of dinamic part of criminal procedure.
In addition to the slides published on aulaweb, students attending are invited to read the following texts:
TONINI and CONTI, Manuale di procedura penale, latest ed., Giuffrè, parts one and two
GIALUZ and DELLA TORRE, Giustizia per nessuno. L'inefficienza del sistema penale italiano tra crisi cronica e riforma Cartabia, Giappichelli, 2022 (p. 1-88).
In addition to the slides published on aulaweb, non-attending students are invited to read the following texts:
TONINI and CONTI, Manuale di procedura penale, latest ed., Giuffrè, parts one and two.
GIALUZ and 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, latest ed., Giappichelli.
JACOPO DELLA TORRE (President)
I semester from September 14th to December 4th 2020
II semester from February 15th to May 7th 2021
Oral examination, on the entire syllabus. It will generally consist in three questions.
The oral examination aims to verify the student's actual 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.