Advanced criminal procedure

A.Y. 2019/2020
6
Max ECTS
42
Overall hours
SSD
IUS/16
Language
Italian
Learning objectives
The content of the teaching is focused on an area of the criminal procedural law which has particular significance and is under constant evolution. The objective is to learn different methods of interpretation and of application of the criminal procedural rules in regulatory frameworks that involves more than one legal system with an approach careful to the relations between substantial and procedural law.
Expected learning outcomes
Through the course will be acquired an in depth knowledge of the criminal procedural law in the legal system under exam. The perspective is to develop both an autonomous judgment, in the reconstruction of the scheme provided by the rules of the legal system under exam, and the communication's abilities on the juridical reasoning, also in order to resolve concrete issues. Over the teaching the student could acquire or sharpen his/her capability to work out persuasive answers to technical or practical procedural queries.
Course syllabus and organization

Cognomi A-L

Responsible
Lesson period
Second semester
Course syllabus
- general theory and constitutional profiles of the administrative penal process;
- substantial profiles of the administrative offense;
- compliance programs;
- preliminary investigations;
- defense and participation of the company;
- trial against the company.
Prerequisites for admission
Knowledge of the criminal procedural system outlined by the 1988 criminal procedure code is required.
The Criminal law exam and the Criminal procedural law exam are prerequisites for the examination of Advanced criminal procedural
Teaching methods
The course will be complemented by seminars, according to themes and procedures that will be shown at the beginning of the lessons. In Didattica on line Ariel can be found additional information regarding the course and criteria for the assignment of the thesis.
Teaching Resources
M. Ceresa-Gastaldo, Procedura penale delle società, III ediz., Giappichelli, 2019 (limitatamente alle pagg. da 1 a 100 e da 115 a 221)
Assessment methods and Criteria
Oral test, evaluated in thirtieths.
Evaluation parameters:
- 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.
IUS/16 - CRIMINAL PROCEDURE - University credits: 6
Lessons: 42 hours

Cognomi M-Z

Lesson period
Second semester
Course syllabus
Bearing in mind the increase of transnational crimes, the course will examine the regulation concerning jurisdictional relations with foreign authorities, contained in Book XI of the Criminal Procedure Code, recently reformed by the legislator (v. D.lgs. 3 ottobre 2017, n. 149).
In particular, the course will analyze: extradition's regulation (active and passive) and the related proceeding; the international letters rogatory and the use of the deeds drawn up; the recognition and the effects of foreign criminal judgments; the execution abroad of Italian criminal judicial decisions; the transfer of criminal proceedings.
Furthermore, the following issues for judicial collaboration in the European context will be analyzed: the European arrest warrant; the joint investigation teams; the freezing and confiscation court orders; the European Protection Order; the European criminal investigation order; the organisms of coordination between foreign jurisdictional authorities; the European Public Prosecutor's Office (EPPO).
Prerequisites for admission
In according to the didactic regulation of the degree course, Institutions of private law and Constitutional law are preparatory.
It is mandatory to have already taken the exam of Criminal Procedure.
Students interested in the course program can attend the lessons and take the exam even if they belong to group A-L.
Teaching methods
The teaching activity will be dedicated to the analysis of the regulatory discipline and will be integrated by the study and discussion of practical cases.
During the lessons slides will be used, which will be made available to students through the Ariel page, where it is also possible to find the most relevant legislative texts and judgments of the jurisprudence.
Teaching Resources
1) M. R. MARCHETTI, Rapporti giurisdizionali con autorità straniere, in M. Bargis (ed.), Compendio di procedura penale, IX ed., Cedam, 2018, from p. 1067 to p. 1178 (available in pdf format on the Ariel page);
2) F. RUGGIERI (ed.), Processo penale e regole europee: atti, diritti, soggetti e decisioni, Giappichelli, 2017, from p. 1 to p. 129.
Assessment methods and Criteria
The exam will consist of an oral test, which aims to verify, in addition to the knowledge of the notions, the understanding of the jurisdictional relations with foreign authorities and some instruments of european criminal cooperation, the ability to critically address legal issues by re-elaborating the knowledge acquired and, in the case of participation of students in the lessons, the ability of evaluation and solution of the cases dealt with.
IUS/16 - CRIMINAL PROCEDURE - University credits: 6
Lessons: 42 hours
Professor(s)
Reception:
In January and February 2022 via Teams (in any case by appointment via email)
Via Microsoft Teams (code: b7ugg7p)