Advanced criminal procedure

A.Y. 2016/2017
9
Max ECTS
60
Overall hours
SSD
IUS/16
Language
Italian
Learning objectives
The course explores a field of criminal procedure in constant evolution and that is of particular relevance and importance in relation to the increase of transnational crimes: the discipline inherent jurisdictional relations with foreign authorities and the prospects of European criminal procedure.
Expected learning outcomes
The course aims to let the students gain:
a) deep knowledge of the fundamental rules of the discipline inherent jurisdictional relations with foreign authorities and the prospects of European criminal procedure and the capability to deeply understand their ratio;
b) the ability of elaboration of the principles and rules studied and their application to concrete cases;
c) the ability of interpretation and systematic reading of the legal rules;
d) the use of an appropriate legal language;
e) a level of knowledge eligible to continue their studies by themselves.
Course syllabus and organization

Cognome A-L

Responsible
Lesson period
Second semester
IUS/16 - CRIMINAL PROCEDURE - University credits: 9
Lessons: 60 hours

Cognomi M-Z

Lesson period
Second semester
Course syllabus
The first part of the course will examine the rules contained in the Book XI of the Criminal Procedure Code, dedicated to the traditional means of international cooperation. In particular will be analyzed: the discipline of extradition (active and passive) and the corresponding proceedings, the international letters rogatory and the usability of the deeds drawn up, the effects of foreign criminal judgments, the execution of Italian criminal sentences abroad.
The second part of the course provides an overview of the evolution of the tools of criminal justice cooperation in the European Union. In particular, it will address, among other things, the following issues: the European arrest warrant, the mutual recognition of judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty, the European Protection Order, the freezing and confiscation of instrumentalities and proceeds of crime, the Investigation Order in criminal matters.
Moreover it will be examined the activities of some organs of investigation or investigative coordination (such as Eurojust, Europol, OLAF, the European Judicial Network, as well as, ultimately, the proposed creation of the European Public Prosecutor), and it will be also devoted particular attention to the rights of the accused, strengthened by some recent directive of European Union, so as the ne bis in idem in international system. Finally, it will be treated the issue concerning the collection and the circulation of the criminal proof in the European Union.

Teaching, seminars and formative stage
Teaching will be entirely dedicated to a deep analysis of the rules and combined with study and discussion of practical cases.

Textbooks for exam preparation
Are suggested the following texts:
1) M. R. MARCHETTI, Rapporti giurisdizionali con autorità straniere, in G. Conso - V. Grevi - M. Bargis, Compendio di procedura penale, VII edizione, Padova, Cedam, 2014, pp. 1145-1233 (this test which will be available in pdf format on
the Ariel page)

2) R. E. KOSTORIS (ed.), Manuale di procedura penale europea, Milano, Giuffrè, II ed., 2015, pp. 201-272 e pp. 355-438.
3) One, at least, of the following tests (which will be available in pdf format on the Ariel page): - N. GALANTINI, Il ne bis in idem nello spazio giudiziario europeo: traguardi e prospettive, in Diritto penale contemporaneo, 22 febbraio 2011, p. 1 ss.
- L. CAMALDO - F. CERQUA, La direttiva sull'ordine europeo di indagine penale: le nuove prospettive per la libera circolazione delle prove, in Cass. pen., 2014, n. 10, p. 3511 ss.
- G. DE AMICIS, I decreti legislativi di attuazione della normativa europea sul reciproco riconoscimento delle decisioni penali, in Cass. pen., 2016.

There will be changes to the exam program for students attending.

Optional textbook
- L. Kalb (ed.), Codice di procedura penale, Giuffrè, last edition.
- L. Camaldo (ed.), L'istituzione del Procuratore europeo e la tutela penale degli interessi finanziari dell'Unione europea, Torino, Giappichelli, 2014.

Mode of examination
The exam will consist of an oral test.

Prerequisites and other information
It is mandatory to have already taken the exam of Criminal Procedure.
Any further and more detailed information − regarding, for example, degree thesis and study materials − will be published on the Ariel page related to this course.

Students interested in the program of this course can attend to the lessons and take the exam regardless of division A-L/M-Z.
IUS/16 - CRIMINAL PROCEDURE - University credits: 9
Lessons: 60 hours
Professor(s)
Reception:
In January and February 2022 via Teams (in any case by appointment via email)
Via Microsoft Teams (code: b7ugg7p)