The course 'Criminal Law I' focuses on the study of the general part of criminal law. This includes the principles of legal guarantees in criminal matters, the systematization of crime, and the structure of the sanctioning system.
This course is essential for all students who aim to obtain qualification for the legal profession or pursue a career in the judiciary in the future
Study of the general principles of criminal law, with particular reference to constitutional principles, structure of criminal offenses, conspiracy, attempt,concurrence of offences and the criminal penalties. Analysis of the principle of legality: principle of legislative supremacy, principle of legal certainty, prohibition of retroactive application of criminal law; the material or physical element, the conduct, the event and the chain of causation; the principle of offensivity: the title/protected interest, the offence, the justifications; the culpability: intent, negligence, unintentional acts, strict liability and the analysis of the excuses. Analysis of the circumstances of crimes, attempt, articipation and concurrence of crimes. Sanctionary system: chargeability and preventive measures, criminal liability, extinction of criminal liability and grounds for exemption.
The course 'Criminal Law I' aims to provide students with extensive knowledge and jurisprudential insights into criminal law, specifically covering the following topics:
Individual study, attendance, and participation in the proposed educational activities will enable the student to:
The following foundational knowledge is required in order to effectively engage with the course content: an understanding of the fundamental constitutional principles, the institutional framework, and the system of sources as governed by the Constitution; the ability to analyze and critically interpret statutory texts.
The course consists of 54 hours of lectures (equivalent to 9 ECTS credits), during which the principles of legal guarantees inherent in criminal law and the components of the systematization of crime and the sanctioning system will be presented and analyzed, along with a parallel discussion of the most significant jurisprudential trends on the topics covered by the syllabus.
Active student participation is encouraged through the preparation of written self-assessment tests related to different parts of the syllabus, both in multiple-choice format and through the drafting of opinions on real cases. These self-assessment tests can be presented and discussed in class with the instructor.
Slides used in the lectures, texts of particularly relevant court decisions, reform legislation texts, and additional materials for in-depth study will be published on Aulaweb for collective discussion.
Occasionally, scholars, judges, and lawyers may be invited to give lectures on topics of particular interest and current relevance, in order to provide students with greater awareness of the practical dimension of the subject
With regard to students holding valid certification for Specific Learning Disorders (SLD), disabilities, or other educational needs, it is recommended that they contact the professor and the Department's Disability Coordinator (Prof.ssa Isabel Fanlo y Cortes) at the beginning of the course in order to agree on any teaching arrangements that, while respecting the learning objectives, take into account individual learning styles.
Foundation and functions of criminal sanctions – The historical, cultural, and institutional premises of current criminal law – Criminal law and the Constitution – The principle of legality concerning sources, content, time, and interpretation of criminal norms – The principles of materiality, specificity, offensiveness, and subsidiarity – The personal nature of criminal responsibility – Spatial and personal limitations on the applicability of criminal law – Structure of the crime: Formal definition of crime and distinction between felonies and misdemeanors – General theory of crime: legal categories and the politico-criminal function of specificity, wrongfulness, culpability, and punishability – Perpetrator and corporate liability – Typical act: conduct, event, causality, offensiveness – Wrongfulness: foundation, structure, and regulation of individual justifications – Culpability: imputability, intent, and negligence, knowledge of criminal law, excuses – Strict liability – Manifestations of crime: Aggravated crime, Attempt, Participation in crime, Apparent concurrence of norms, and concurrence of crimes – The sanctioning system: Principal and accessory penalties – Sentencing – Alternative sanctions to imprisonment – Alternative measures to detention – Causes for the extinction of crime and penalty – Brief mention of the sub-system of the justice of the peace in criminal matters – Security measures
Textbooks and supplementary reading materials for attending students:
As a supporting text, covering the parts discussed in the lectures, the following is recommended: C.F. Grosso, M. Pelissero, D. Petrini, P. Pisa, Manuale di diritto penale. Parte generale, 4th ed., Giuffrè, Milan, 2023.
Preparation should be supplemented with materials published on Aulaweb and by consulting an updated criminal code.
Textbooks and supplementary reading materials for non-attending students:
C.F. Grosso, M. Pelissero, D. Petrini, P. Pisa, Manuale di diritto penale. Parte generale, 4th ed., Giuffrè, Milan, 2023.
The examination text must be supplemented with materials published on Aulaweb and by consulting an updated criminal code
Ricevimento: Wednesday from 10 to 12, at Dipartimento di diritto penale, Via Balbi 30, first floor. In any case, please write an email to emmanuele.penco@unige.it
EMMANUELE PENCO (President)
2nd semester: February 10 - May 15, 2025
The examination is conducted orally. Typically, the student is asked three questions on different topics to cover various parts of the syllabus.
The oral examination lasts approximately twenty minutes.
In the overall evaluation of the exam, the teacher takes into account active participation in lectures and the completion and presentation of the self-assessment tests administered during the course.
For students with DSA certification or disabilities, the exam is conducted in accordance with the University Guidelines, available at the following link: https://unige.it/sites/unige.it/files/2024-05/Linee%20guida%20per%20la%20richiesta%20di%20servizi%2C%20di%20strumenti%20compensativi%20e_o%20di%20misure%20dispensative%20e%20di%20ausili%20specifici%20Maggio%202024.pdf."
The oral examination aims to assess the student's knowledge regarding the topics covered in the syllabus.
Through the formulated questions, it will be determined if the student is able to:
Ask the professor for other information not included in the teaching schedule
