The Course in Comparative and International Criminal Procedural Law is concerned with the study of the main features of different procedural models, criminal procedure in the U.S. system and international criminal justice. The first part will be devoted to the physiognomy of U.S. criminal procedure and the role played within it by "negotiated justice." The second part will be devoted to the study of international criminal justice, with specific attention to the International Criminal Court. An in-depth study of negotiated justice will also take place in this context.
Specifically, the teaching aims to provide students with basic notions and jurisprudential insights into comparative and international criminal procedural law on the following topics:
- The main features of the different procedural models
- The main features of U.S. criminal procedure
- The stare decisis
- The role of negotiated justice in the U.S. legal system
- The evolution of the international criminal trial
- The Nuremberg and Tokyo Trials
- The ad hoc tribunals (ICTY and ICTR)
- The International Criminal Court: history and institution
- The proceedings before the International Criminal Court
- Negotiated justice and international criminal justice
Individual study, attendance and participation in the proposed training activities will enable the student:
(a) To study and analyze, from a comparative perspective, a criminal procedural system.
b) To know and remember the characteristics of a procedural system traceable to the main traditional models
c) To recognize within a specific system its main characteristics
d) To know and recall the evolutionary stages of international criminal justice
e) To know and recall the basic features of proceedings before the International Criminal Court
f) To know how to read and analyze the decisions of an international court
(g) To know the main differences between ordinary procedural development and negotiated justice.
The teaching consists of face-to-face lectures, totaling 36 hours (equal to 6 CFU).
During these, audiovisual aids will be used and scholars, magistrates and lawyers will be invited to conduct on topics of particular interest.
Group work will be offered to students for in-depth study of case law cases.
The main features of the different procedural "models"
- The U.S. system: federal system and state system
- Criminal trial and the Bill of Rights
- Arrest and Interrogation Law
- The investigation: the interaction between Prosecutor and police
- The pre-trial and the trial
- The jury
- The plea bargaining
- The sentencing
- The history of international criminal justice: general features
- The experiences of ad hoc tribunals (ICTY and ICTR)
- The establishment of the International Criminal Court
- The jurisdiction of the International Criminal Court
- The basic features of proceedings before the International Criminal Court
MICHELA MIRAGLIA (President)
MITJA GIALUZ
LUCA BARONTINI (Substitute)
JACOPO DELLA TORRE (Substitute)
ELISA GRISONICH (Substitute)
ALESSANDRO MALACARNE (Substitute)
MORRIS MARINI (Substitute)
LUIGI PARODI (Substitute)
MARIO PERALDO GIANOLINO (Substitute)
CHIARA TORRENTE (Substitute)
