OVERVIEW

The Criminal Procedure Law I course focuses on the study of procedural models, national and supranational sources, general principles—with particular attention to constitutional ones—participants in the proceedings, procedural acts, evidence, and precautionary measures, as well as the fundamentals of the dynamics of criminal proceedings. Special attention will be given to the use of legal databases, the Office for the Trial, and the digital criminal procedure system.

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

Criminal Procedure Law I is specifically designed to provide third-year students with foundational knowledge and jurisprudential insights in the field of criminal procedural law, with particular reference to the following topics:

• Procedural models

• Sources of criminal procedural law

• Constitutional regulations concerning criminal procedure

• The participants in the proceedings and the trial

• Procedural forms and acts, with particular attention to cases of invalidity

• Evidence and methods of evidence gathering

• Precautionary measures

• Judicial organization

• Judicial statistics

• The Office for the Trial

The course also aims to introduce students to:

a) the use of one or more legal databases to locate legal sources, jurisprudential material, and scholarly commentary;
b) the use of digital tools in criminal proceedings (e-proceedings);
c) the analysis of real legal cases to develop argumentative and reasoning skills;
d) the production of concise legal texts (such as the appointment of a defense attorney and summaries of case law).

These activities are part of an educational path designed to equip each student with skills useful for developing the ability to interpret and apply the law—skills essential in legal professions.

Through independent study, class attendance, and participation in the proposed learning activities, students will be able to:

• Understand and recall the features of traditional procedural models

• Understand and recall the sources of criminal procedural law

• Understand and recall the constitutional principles governing criminal procedure, and recognize their implementation in ordinary procedural legislation—or potential conflicts with it

• Understand and recall the fundamental principles of the dynamics of criminal proceedings

• Identify different types of procedural acts

• Distinguish between the various participants in the proceedings and understand the rules governing their roles

• Identify various forms of procedural invalidity and interpret, understand, and apply the relevant legal framework

• Distinguish among different types of precautionary measures, identify the conditions for their application, and understand the procedural steps involved

• Identify, understand, and distinguish between types of evidence and evidence-gathering methods

• Read and critically analyze, with independent judgment, scholarly articles in criminal procedural law, as well as rulings by lower and higher courts, the Constitutional Court, and European courts on criminal procedure matters

• Acquire and appropriately use technical legal terminology to communicate effectively.

TEACHING METHODS

Models of criminal proceedings will be studied, with particular attention given to constitutional and conventional (treaty-based) principles.

Occasionally, scholars, judges, and lawyers may be invited to give lectures on topics of particular interest and current relevance, with the aim of helping students gain a deeper awareness of the practical dimension of the subject.

In line with Intervention Line 4 of the PON Next Generation UPP Project, in which the instructor has participated, the following experiential learning methods will be tested:

a) analysis of documents from criminal proceedings
b) use of legal databases
c) case studies, including active student participation through presentations on selected topics
d) attendance at court hearings

SYLLABUS/CONTENT

Historical and Cultural Background

• Sources of Criminal Procedural Law

• Participants in the Criminal Process (the judge; the public prosecutor; the judicial police; the defendant; the defense counsel; the victim; optional parties)

• Overview of Judicial Statistics in Criminal Matters (case flow, duration of proceedings, basic elements of judicial organization)

• The Office for the Trial (Ufficio per il processo) in Criminal Matters

• General Theory of Criminal Procedure (procedural acts and invalidity; general theory of evidence; evidentiary terminology; means of evidence and means of obtaining evidence)

• Precautionary Measures (introduction; types of precautionary measures; prerequisites for the application of measures; application procedure; appeals against precautionary measures)

• Fundamentals of the Dynamics of Criminal Proceedings

RECOMMENDED READING/BIBLIOGRAPHY

Text books and reading materials for attending students:

• Professor's slides uploaded on AulaWeb
• P. TONINI-C. CONTI, Manuale di procedura penale, ult. ed., Giuffrè, part I e II 

Text books and reading materials for non attending students: 

P. TONINI-C. CONTI, Manuale di procedura penale, ult. ed., Giuffrè, parti I e II 

G. GIOSTRA, Prima lezione sulla giustizia penale, Laterza, 2020,

Students shall use an updated Code of Criminal Procedure: 

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

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

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

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam will be conducted exclusively in oral form, in a single session, covering the entire syllabus.

It will generally consist of three questions.

ASSESSMENT METHODS

The oral exam aims to assess the student’s actual knowledge and understanding of the theoretical concepts covered in the syllabus.

Through both general theoretical and practical questions, the exam will evaluate whether the student is able to:

• Identify and define legal concepts using appropriate technical language;

• Identify, distinguish, understand, and apply—critically and with independent judgment—both national and supranational sources of criminal procedural law, as well as the texts of key judicial decisions essential for a comprehensive understanding of the topics covered in the course;

• Demonstrate a solid grasp of the main concepts of judicial statistics.