LEARNING OUTCOMES

Comparative analysis of the English, French and Spanish penal systems, with particular reference to the fundamental principles, the structure of the crime, the forms of the crime and the penal sanctions. Analysis of the characteristics and differences of statute law and common law systems. Notes on the Scottish legal system as a bulwark of the common law and on the Maltese codification, an example of compromise between the two systems.

AIMS AND LEARNING OUTCOMES

The course of comparative law aims, in a first part, to provide students with an overview of the main characteristics of the civil law and common law criminal systems, in order to highlight the differences and points of contact, that have become more pronounced over time. During the lectures the analysis will be deepened with a look at the sources of Scottish criminal law, due to the fact that today it is the purest common law system and less contaminated by civil law, and the Maltese codification, example of a compromise between common law principles and civil law principles. In the second part, the course focuses on the institutions of the general part (sources, structure and forms of the crime, imputability, sanctioning system, corporate criminal liability) of English, Spanish, French  criminal law.

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

• Understand the differences between civil law and common law criminal systems;
• Understand that at present common law systems tend more and more to leave room for civil law and, at the same time, civil law systems to apply the principles of legal reserve and prohibition of analogy in a less rigorous way;
• Interpret and identify the main general criminal provisions present in the Spanish, French criminal codes, as well as in the common law and the English statute law;
• Understand and critically assess, with autonomy of judgment, the recent reforms of the Spanish and French sanctioning systems;
• Read and examine critically, with autonomy of judgment, laws, handbooks and scientific articles of English, Spanish, French criminal law.

PREREQUISITES

Knowledge of languages, at least the English language

TEACHING METHODS

The course consists of lectures, for a total of 36 hours (6 CFU), during which the main institutions of general criminal law are presented and analyzed and law cases are presented. Interested students will also be able to propose and present to the class further cases that lend themselves to being the subject of a collective discussion.

SYLLABUS/CONTENT

Analysis of the differences and similarities of the civil law and common law systems, with particular regard to the guarantees and their effectiveness in terms of legality (reserve of law, non-retroactivity, determination, prohibition of analogy). Scottish penal system: sources. Process of codification of the Maltese penal code of 1854, an example of a compromise between common law and statute law. Comparative analysis of the main institutions of the general part (sources, structure and forms of crime, imputability, sanctioning system) of English, Spanish, French criminal law.

RECOMMENDED READING/BIBLIOGRAPHY

For attending students:

A. Madeo, Lezioni di diritto penale comparato, ESI, Napoli, 2022, pp. 1-146.

For not attending students:

A. Madeo, Lezioni di diritto penale comparato, ESI, Napoli, 2022, pp. 1-146.

 Any additional didactic material will be published in Aulaweb.