- knowledge of the basic principles of criminal matters - the ability to use the Italian Penal Code. - a knowledge of the different ways of interpreting criminal rules: literal, systematic and teleological cryteria. - the vocabulary pretending to this topic
Expected learning outcomes
- a knowledge of the rules and principles governing criminal offences. - the ability to identify and to apply the rules to a factual situation.
Lesson period: First semester
(In case of multiple editions, please check the period, as it may vary)
The main topics of this course include: - the justification of punishment - the rule of law (principio di legalità) - principle of non-retroactivity of non favourable laws and principle of retroactivity of favourable laws - criminal conduct - justification (in particular, self defense and state of necessity) - imputability - intent and negligence - mistake of fact and mistake of law - attempt - conspiracy - corporate liability
Prerequisites for admission
As prescribed in "Manifesto degli Studi del Corso di Laurea in Scienze dei servizi giuridici, a.a. 2019/2020 (Classe L-14)" there are some prerequisites. In particular, in order to take the exam of "Istituzioni di diritto penale" the student must have already passed the following exams: Diritto costituzionale, Istituzioni di diritto privato.
Interactive teaching (as the size of the class allows it). In particular, in addition to theoretical explanation, during the lessons, we will use case studies, in order to encourage discussion in class. This is usefull also to relate the general part of the Penal Code with the different types of offences. In this way, then, the students will acquire the skills needed to apply the rules to factual situations.
G. MARINUCCI, E. DOLCINI, Manuale di diritto penale. Parte generale, 9a ed., Giuffrè, 2019. In particular: - Cap. 1: complete - Cap. 2: complete - Cap. 3: section "A) Limiti temporali"; - Cap. 4: complete - Cap. 5: complete - Cap. 6: complete - Cap. 7: §§ 1, 2, 7 and 9; - Cap. 8: complete - Cap. 9: complete - Cap. 10: complete - Cap. 11: excluded - Cap. 12: §§ from 1 to 8 and § 13; - Cap. 13: §§ from 1 to 5 and § 19; - Cap. 14: §§ from 1 to 7 and § 19; - Cap. 15: complete
An updated Penal Code is necessary. It is reccomended: Codice penale e norme complementari, a cura di E. DOLCINI, G.L. GATTA, Giuffrè, 2019.
Assessment methods and Criteria
The final exam will be oral (the score is reported on a 0-30 scale, possibly wiyh honours). Attending students have the option of taking a written mid-term exam about the first part of the program and then, at the end of the course, an oral exam about the second part. The exam is finalized to verify the theoretical preparation of the student and the ability to solve problems, applying the theoretical knowledge.