OVERVIEW

The course “Criminal Procedure II” focuses on the study of the “dynamic” aspects of criminal procedure law—that is, the progression of criminal proceedings, their forms, their content, and their variations—beginning with the filing of a report of a crime.

AIMS AND CONTENT

LEARNING OUTCOMES

Police and prosecutor investigations. Peliminary hearing and standards of proof for its conclusions. “Special” proceedings and their connection with ordinary trial. Trial with special focus on collection of evidence. Appeal proceedings and Italian Supreme Court (Corte di Cassazione) proceedings.

AIMS AND LEARNING OUTCOMES

In particular, the course on Criminal Procedural Law II (M-Z section) aims to provide students with comprehensive knowledge and in-depth analysis of case law in the field of criminal procedural law, with specific reference to the following topics:

• The report of a crime and its registration;

• Preliminary investigations, with particular attention to the activities carried out during this phase by the judicial police, the public prosecutor, and the defense attorney;

• The dismissal procedure;

• The forms of criminal prosecution;

• The content and procedures of the preliminary hearing, as well as the decision-making rules underlying the dismissal order and the indictment;

• Special proceedings and their interconnections with “ordinary” proceedings;

• Trial dynamics, with specific reference to the presentation of evidence;

• Ordinary and extraordinary appeals

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

• Understand and recall the legal provisions governing criminal proceedings;

• Understand the structure and operational mechanisms of criminal proceedings and be aware of their variations;

• Identify the various procedural stages in terms of their development, content, and outcome (with particular reference to decision-making rules); understand, interpret, and apply the relevant legal framework;

• Distinguish between the various special proceedings, understand their rationale, as well as their respective “interconnections” with ordinary proceedings;

• Identify, understand, and distinguish the sub-stages of the trial and their content, with particular reference to the chapter on evidence;

• Understand the provisions governing appeals and be able to critically distinguish between the use of various ordinary and extraordinary means of appeal, identifying their content and outcomes;

• Understand and contextualize any legislative changes pertaining to the Code of Criminal Procedure or to extra-codified procedural legislation;

• Read and critically examine, with independent judgment, scholarly articles on criminal procedural law, as well as the texts of judgments from trial courts, the Court of Cassation, the Constitutional Court, and European courts regarding criminal procedural issues;

• Acquire appropriate legal technical language and use it to express oneself correctly.

TEACHING METHODS

The course consists of lectures totaling 54 hours (equivalent to 9 credits), during which the topics outlined in the syllabus will be covered.

On occasion, scholars, judges, and attorneys may be invited to deliver lectures on topics of particular interest and current relevance, in order to help students gain a better understanding of the practical aspects of the subject.

As decided by the Program Council during the 2024-2025 academic year, a portion of the lectures (up to 20%) will be conducted remotely.

In implementation of Action Line 4 of the PON Next Generation UPP Project, in which the instructor participated, the following experiential teaching models will be tested:

a) analysis of criminal proceeding documents

b) use of legal databases

c) case studies, including direct student participation in preparing reports on selected topics

d) legal writing exercises

As decided by the Program Council a portion of the classes (up to 20%) will be conducted remotely.

Students with valid certifications for Specific Learning Disorders (SLD), disabilities or other educational needs and having complied with Unige procedures (described here) who need compensatory measures to prepare the exams or during the exams are invited to contact the teacher at the beginning of the course to agree on any teaching methods that, in accordance with the teaching objectives, take into account individual learning styles. For requesting Unige services for students with disabilities and other information, please visit https://giurisprudenza.unige.it/serv_disabili. For further information, please visit https://unige.it/disabilita-dsa and contact the Department's disability liaison officer (isa.fanlo@unige.it).

SYLLABUS/CONTENT

The course curriculum covers:

- the report of a crime and its registration

- the registers for the registration of reports of crimes

- investigations by the judicial police and the public prosecutor

- investigations by defense counsel

- the evidentiary hearing

- the conclusion of preliminary investigations (dismissal of the case, initiation of criminal proceedings) 

- the preliminary hearing

- special proceedings (summary judgment, sentencing at the request of the parties, immediate trial, expedited trial, summary judgment, suspension of proceedings with probation)

- the trial

- proceedings before a single-judge court

- appeals

RECOMMENDED READING/BIBLIOGRAPHY

Text books and reading materials for attending students:

• Professor's slides uploaded on AulaWeb
• P. TONINI-C. CONTI, Manual of Criminal Procedure, latest ed., Giuffrè, Parts III and IV (excluding Chapters III, IV, and V), Part V

Text books and reading materials for non attending students: 

P. TONINI-C. CONTI, Manual of Criminal Procedure, latest ed., Giuffrè, Parts III and IV (excluding Chapters III, IV, and V), Part V

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

Class schedule

CRIMINAL TRIAL LAW II

EXAMS

EXAM DESCRIPTION

The exam is administered orally, in a single session, and generally consists of three questions designed to assess the student’s knowledge of the various parts of the syllabus.

The oral exam is designed to assess the student’s actual knowledge and mastery of the theoretical concepts related to the topics covered in the syllabus.

FURTHER INFORMATION

For additional information not included in the course description or the syllabus, please contact professor Michela Miraglia (michela.miraglia@unige.it)