Criminal procedural law

A.Y. 2015/2016
9
Max ECTS
60
Overall hours
SSD
IUS/16
Language
Italian
Learning objectives
Objectives of the course and learning outcomes
- Knowledge of the procedural system designed by the cpp 1988 and understanding of the problems of protection of rights and freedom posed by the celebration of the criminal proceedings;
- Ability to apply to specific cases of the procedural rules of the Code of Criminal Procedure 1988;
- Ability of critical judgment, independently from previous interpretations of doctrine and jurisprudence;
- Communication skills in terms of legal reasoning, even in the solution of concrete problems;
- Ability to learn a method of interpretation of the rules of the Code of Criminal Procedure and related laws, in light of the trial system and constitutional guarantees and supranational involved.
Expected learning outcomes
Undefined
Course syllabus and organization

Cognomi E-N

Lesson period
Second semester
Course syllabus
Course program
The course relates to the discipline of the criminal process provided by Code of Criminal Procedure of 1988 and its operativity in case law.
Topics addressed:

- Profiles of general theory of process; the criminal trial in the Constitution; distinction of functions and separation of the phases of the criminal proceedings; type of rules and procedural criminal activities; the rule of criminal procedure during the time;
- Sources of criminal procedural law; interference between CEDU / EU standards and internal rules; interpretation of internal rules in accordance with supranational and constitutional rules; profiles of friction between supranational rules and constitutional guarantees in the application of internal rules;
- The judge and the prosecutor in the trial of the parties; the accused between self-defense and technical defense; abuse of process and abuse of the right of defense; the victim and civil party in the investigation and trial;
- General rules of evidential function; right to a trial and due process; prohibitions evidence and not typical proof, the critical proof and its valuation in theory and practice; the evidence and the means to search for evidence; representative evidence and expert evidence; documentary evidence and its operation in the jurisprudence; searches and seizures; interceptions and new information technologies;
-The purpose and conditions of the precautionary measures; precautionary case and its evidence; the interim proceedings; disqualifications and real caution;
- Structure and function of the preliminary investigations; judicial police and preliminary investigations, including gathering evidence and acquisition of the crime; the recording of evidence and the defense investigations; the conclusion of the preliminary investigations;
- Storage and verification of the prosecution in the preliminary hearing; the charge and the object of the decision; the trial; the assessment of the so called "incidente probatorio";
- Special procedures; appeals; definitive sentence.

The conduct of the examination
The exam consists of an oral test.

Textbooks for examination
AA.VV., Criminal Procedure, 4th ed., Giappichelli, 2015.

It can be omitted these following parts of the book: introduction to the study of criminal procedure; the process for establishing the liability of legal entities; the child process; relations with foreign authorities; execution.

The texts should be accompanied by consultation of a code of criminal procedure which must be updated. In this regard, we recommend: Corso P. (cured by), Code of Criminal Procedure, 42nd ed., Celt, 2015 (or latest edition).

Attending students will be allowed a reduction of the program (to be agreed with the professor).
Additional bibliographic material will be shown during the course, along with the most important juridical decisions. The course will be complemented by seminars.
The assignment of the thesis will take due account of the participation in lectures and seminars as well as the side events of the course.
There shall be no change professorship.
IUS/16 - CRIMINAL PROCEDURE - University credits: 9
Lessons: 60 hours
Professor: Corso Piermaria

Surname A-D

Lesson period
Second semester
Course syllabus
Course program
The course will focus on the rules of criminal procedure contained in the Code of Criminal Procedure of 1988. At a preliminary examination of the legislative system it will follow the detailed analysis of the legislation from a constitutional point of view in accordance to Article 111 of the Constitution in its formulation to protect the due process.
Once given a pattern on the conduct of the trial in its various forms (trial in front of: collegial tribunal, only one judge in court, justice of the peace), the program will cover the following topics: subjects and parts (judge, prosecutor, police, person under investigation and accused, the role of lawyer, offended by the crime, civil party, civilly liable); law of evidence (general provisions, evidence and research of proof); precautionary measures: personal and real; preliminary investigations and defense investigations; functions of the judge for preliminary investigations; recording evidence; closure of the preliminary investigations (storage, prosecution); preliminary hearing; special procedures; hearing; appeals; definitive sentence and its effects.
The topics will be treated on the basis of constitutional law and case law provided by the Supreme Court.
It will also be examined the issue of the relationship between provisions of the European Convention on Human Rights, Community standards and internal rules, as well as the impact of the case law and the European Community on the internal system.

Seminars
The course will be complemented by seminars on specific topics that will be shown at the beginning of the lessons.
The attendance and participation in these seminars will result in the allocation of credits.

The conduct of the examination
The exam consists of an oral test.

Textbooks for examination
At the end of the exam the text recommended is: AA.VV., Criminal Procedure, 4th ed., Giappichelli, 2015.
Subjects - Acts - Evidence - Precautionary measures personal and real - Preliminary investigations - Preliminary hearing - Special Procedures - Ordinary trial (trial in front of: collegial Court and one Judge in Court) - Justice of the Peace - Appeals and judged.
From the program for the exam are excluded those parts of the proceedings concerning the administrative responsibility of companies, the process of child, relations with foreign authorities, the execution.
The manual must be accompanied by a code of criminal procedure updated.
There shall be no change professorship.
IUS/16 - CRIMINAL PROCEDURE - University credits: 9
Lessons: 60 hours

Surname O-Z

Responsible
Lesson period
Second semester
Course syllabus
Course program
The course aims to address, in the institutional lines, the current structure of the criminal proceedings, as it results from the Italian Code of Criminal Procedure, in its dimension regarding subjects, acts and evidence, the various joints in stages and grades, and with regard to personal freedom.
Particular attention will be dedicated to the dynamic profile, and therefore: the sequence of the ordinary procedure (preliminary investigations, preliminary hearing, trial); the variants proposed by special proceedings (summary trial, application of punishment upon request of the parties, direct trial, immediate trial, proceeding by decree, probation); appeals (appeal, appeal to the court in cassation); res iudicata and its effects; post-conviction review (revision, extraordinary appeal in cassation, reversal of judgment in absentia).
The course will be complemented by seminars, according to themes and procedures that will be shown at the beginning of the lessons. The attendance and participation in seminars may give rise to the allocation of credits.

There shall be no change professorship.

The conduct of the examination
The exam consists of an oral test.

Textbooks for examination
AA.VV., Procedura penale, 4th ed., Torino, Giappichelli, 2015.

In the program are included these parts: Subjects - Acts - Evidence - Precautionary measures - Preliminary investigations - Preliminary hearing - Special Proceedings - Trial - Proceedings before a single judge - Proceeding before Justice of the Peace - Appeals - Res iudicata and its effects - Post-conviction Review.

In the program are not included the parts of the proceedings concerning the liability of legal entities, juvenile proceedings, enforcement of judgments, jurisdictional relations with foreign authorities.

It is essential to use a criminal procedure code updated.
IUS/16 - CRIMINAL PROCEDURE - University credits: 9
Lessons: 60 hours
Professor: Vigoni Daniela