OVERVIEW

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

AIMS AND CONTENT

LEARNING OUTCOMES

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.

AIMS AND LEARNING OUTCOMES

The course 'Criminal Law I' aims to provide students with extensive knowledge and jurisprudential insights into criminal law, specifically covering the following topics:

• The legitimation and functions of criminal law;
• The purposes of punishment and the sanctioning system (penalties and security measures);
• The sources and limits on the applicability of criminal law;
• The concept and systematization of crime;
• The criminal act;
• Wrongfulness and justifications;
• Culpability;
• Punishability;
• Attempt;
• Participation in crime;
• Concurrence of crimes and apparent concurrence of norms;
• Aggravated crime;
• Corporate criminal liability.

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

• Understand and recall the normative provisions governing criminal law and the structure of the sanctioning system;
• Comprehend the structure and mechanisms of applying criminal norms and be aware of their variations;
• Identify the different components of the systematization of crime concerning their development and content, and understand, interpret, and apply the related normative discipline;
• Distinguish the different general part institutions, comprehend their rationale, as well as their interconnections with criminal procedure;
• Identify, understand, and distinguish the various components of the sanctioning system;
• Understand and contextualize any legislative interventions related to the criminal code or supplementary criminal legislation;
• Read and critically examine, with independent judgment, scientific articles in the field of criminal law, court rulings from lower and higher courts, the Constitutional Court, and European judgments on criminal matters;
• Acquire and correctly use appropriate legal technical language for accurate expression

TEACHING METHODS

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

SYLLABUS/CONTENT

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

RECOMMENDED READING/BIBLIOGRAPHY

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

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

2nd semester: February 10 - May 15, 2025

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

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."

ASSESSMENT METHODS

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:

• Recall, understand, and apply the concepts of the general part of criminal law.
• Understand, interpret, and apply, with critical thinking and independent judgment, both the relevant normative provisions for the general part of criminal law and the texts of judicial decisions, whose knowledge is essential for a comprehensive understanding of the subject.
• Express themselves with appropriate technical language