OVERVIEW

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.

AIMS AND CONTENT

AIMS AND LEARNING OUTCOMES

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.

1. io e la giustizia negoziata

TEACHING METHODS

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.

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 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 Nuremberg and Tokyo Trials

- 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

- Negotiated justice and international criminal justice

RECOMMENDED READING/BIBLIOGRAPHY

Studentesse e studenti frequentanti

V. Fanchiotti, La giustizia penale statunitense, Giappichelli,Torino, 2022, I parte

V. Fanchiotti, La Corte penale internazionale, in Enciclopedia del Diritto, 2006 [reperibile online su aulaweb]

Studentesse e studenti non frequentanti

V. Fanchiotti, La giustizia penale statunitense, Giappichelli,Torino, 2022, I e II parte

V. Fanchiotti, La Corte penale internazionale, in Enciclopedia del Diritto, 2006 [available online on aulaweb]

TEACHERS AND EXAM BOARD

LESSONS

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The examination is conducted in oral form. As a rule the student/student is asked three questions on different topics, so as to extend the examination to the different parts of the program.

The duration of the oral examination is about twenty minutes.

In the overall assessment of the exam, the teacher takes into account active participation in the lectures and the performance of any exercises and in-depth studies.

FURTHER INFORMATION

Contact the professor for additional information not included in the syllabus