Criminal law

A.Y. 2019/2020
15
Max ECTS
105
Overall hours
SSD
IUS/17
Language
Italian
Learning objectives
The course will provide students with:
- a good knowledge of the fundamental principles and institutions of Italian criminal law, especially in the fields of crime theory and punishment theory;
- the ability to rework the concepts studied and to apply this knowledge to concrete cases;
- the ability to systematically interpret and classify criminal rules;
- the ability to discuss and find possible solutions even in the problematic cases that will be illustrated by way of examples during the classes.
Expected learning outcomes
The aim of the course is providing the student with a thorough knowledge of the general part of Italian criminal law's principles and institution. At the end of the course, students will be able to frame and analyze legal issue pertaining to the field of criminal law, having developed a proper learning and reasoning approach to criminal law matters.
Course syllabus and organization

Cognomi A-D

Responsible
Lesson period
year
Course syllabus
During the first semester (66 hours of lessons), teaching will cover the following topics:
- la legittimazione e i compiti del diritto penale;
- le funzioni della pena e il sistema sanzionatorio (pene e misure di sicurezza);
- le fonti e i limiti all'applicabilità della legge penale;
- la nozione e la sistematica del reato;
- il fatto di reato;
- l'antigiuridicità e le cause di giustificazione;
- la colpevolezza.

During the second semester (39 hours of lessons), teaching will cover the following topics:
- la punibilità;
- il tentativo;
- il concorso di persone nel reato;
- il concorso di reati e il concorso apparente di norme;
- il reato circostanziato;
- la responsabilità da reato degli enti;
- solo per i frequentanti: singole figure di reato (ad es. omicidio, truffa, corruzione, favoreggiamento);
- solo per i frequentanti: esercitazioni di produzione di testi scritti.
Prerequisites for admission
The exams of Diritto costituzionale, of Istituzioni di diritto privato I and of Istituzioni di diritto privato II are preparatory.
Teaching methods
The teaching focuses on the general part of criminal law. Only for attending students, teaching will also cover certain crimes in the Special Section, representing entire categories of offenses.

The course includes 105 hours of lectures, distributed over the two semesters.

For some of the attending students, an optional supplementary module ("Diritto penale dal vivo") will be activated which provides visits to the Palace of Justice in Milan and to some prisons.
Teaching Resources
G. Marinucci, E. Dolcini, G.L. Gatta, Manuale di diritto penale. Parte generale, 2019.

For attending students only specific indications on the text on which to prepare will be provided during the first lessons.

For all, attending and non-attending students, a Codice penale e norme complementari, updated at least in April 2019.
Assessment methods and Criteria
The final exam will consist of an oral interview, lasting about 30 minutes, aimed at ascertaining the knowledge of the topics covered by the entire program of the course, as well as the acquisition of the criminal lexicon and the ability to re-elaborate the notions learned.

Only attending students will be able to take, after the conclusion of the first semester, an oral test, lasting about 30 minutes, concerning the first semester program. This first oral test can only be taken once. However, the student is allowed to "withdraw" after the first question (no later) and return to the next appeal in February.
The positive result of this test, together with the active frequency of the second semester, will allow to take the second test, which will consist in the production of a written text about the analysis of a specific case or a particular crime.
The written test will be held, at the student's choice, on one of the following two dates:
- June 10, 2020, 4.00 p.m.
- June 25, 2020, 4.00 pm,
it will last approximately 1 hour and 30 minutes, and can be supported with the help of your PC or by writing "by hand" on protocol sheets.
The final grade will take into account the results
- the oral exam at the end of the first semester and
- the written test at the end of the second semester.
Attending students who have an insufficient or unsatisfactory with respect to their expectations final grade, will be able to take an oral recovery test, on the entire program of attending students (first semester + second semester), in the July 2020 session or in the September 2020.
IUS/17 - CRIMINAL LAW - University credits: 15
Lessons: 105 hours
Professor: Basile Fabio

Cognomi E-N

Responsible
Lesson period
year
Course syllabus
The course focuses on the general part of the criminal law and will be divided into two parts.
The first part, which will be the subject of discussion in the first half of the year, will concern the themes illustrated in chapters I-VI of the textbook, and in particular:
- legitimation of the criminal law; penalty functions;
- the fundamental principles of the criminal law;
- the sources and limits of the criminal law;
- the notion and systematics of the offense;
- the crime;
- the criminal fact.

The second part, which will be the subject of discussion in the second semester, will concern the topics illustrated in chapters VIII-XV of the textbook, and in particular:
- the unlawfulness and the justifications
- the culpability;
- the opportunity to punish.
- the attempt
- the participation of people in the crime;
- the concurrence of crimes and the apparent concurrence of rules;
- the aggravating and attenuating circumstances ;
- the sanctioning system (penalties and security measures);
- the liability for offenses of the entities.
Prerequisites for admission
Having passed the exams of Constitutional Law, of Institutions of Private Law I and of Institutions of Private Law II is a prerequisite for the examination of Criminal Law.
Teaching methods
The General part of the criminal law will be placed in a continuous relationship with the Special Part (i.e. with the catalog of the offenses), also through reference to the case-law.
Teaching Resources
G. Marinucci, E. Dolcini, G.L. Gatta, Manuale di diritto penale. Parte generale, VIII ed., Giuffrè Francis Lefebvre, 2019;
E. Dolcini, G.L. Gatta, Codice penale e norme complementari, V ed., Milano, Giuffrè Francis Lefebvre, 2019.
Assessment methods and Criteria
The exam consists of an oral interview aimed at ascertaining the knowledge of the topics covered by the entire program of the course, as well as the acquisition of adequate language skills and the capability of reworking of the learned notions.
At the end of the first semester, attending students will be able to take an oral test concerning the program carried out in the first semester. The positive result of the partial test will allow to take the final exam only on the part of the program covered in the course in the second semester.
Both the first and the second partial test - reserved for attending students - can only be taken once.
IUS/17 - CRIMINAL LAW - University credits: 15
Lessons: 105 hours
Professor: Gatta Gian Luigi

Cognomi O-Z

Responsible
Lesson period
year
Course syllabus
The course focuses on the general part of the criminal law and will be divided into two parts.
The first part, which will be the subject of discussion in the first half of the year, will concern the themes illustrated in chapters I-VII of the textbook, and in particular:
- legitimation of the criminal law; penalty functions;
- the sanctioning system (penalties and security measures);
- the fundamental principles of the criminal law;
- the sources and limits of the criminal law;
- the notion and systematics of the offense;
- the criminal fact;
- the unlawfulness and the justifications.

The second part, which will be the subject of discussion in the second semester, will concern the topics illustrated in chapters VIII-XV of the textbook, and in particular:
- the culpability;
- the opportunity to punish.
- the attempt;
- the participation of people in the crime;
- the concurrence of crimes and the apparent concurrence of rules;
- the aggravating and attenuating circumstances;
- corporate criminal liability.
Prerequisites for admission
Having passed the exams of Constitutional Law, of Institutions of Private Law I and of Institutions of Private Law II is a prerequisite for the examination of Criminal Law.
Teaching methods
The course includes 105 hours of lectures, distributed over the two semesters.
For some of the attending students, an optional supplementary module ("Diritto penale dal vivo") will be activated with the purpose of visiting the Palace of Justice in Milan and some prisons.
Seminar and workshops will be held throughout the courses, according to the methods and the schedule that will be communicated by the teacher at the beginning of the course.
Teaching Resources
G. Marinucci, E. Dolcini, G.L. Gatta, Manuale di diritto penale. Parte generale, VIII ed., Giuffrè Francis Lefebvre, 2019;
E. Dolcini, G.L. Gatta, Codice penale e norme complementari, V ed., Milano, Giuffrè Francis Lefebvre, 2019.
During classes, further readings will be recommended to attending students; all teaching material will be available on Ariel platform (ariel.unimi.it).
Assessment methods and Criteria
The exam consists of an oral interview aimed at evaluating the knowledge of the topics covered by the entire program of the course, as well as the acquisition of adequate language skills and the capability of reworking of the learned notions.
At the end of the first semester, attending students will be enabled to take an oral test concerning the program carried out in the first semester. The positive result of the partial test will allow to take the final exam only on the part of the program covered in the course in the second semester.
Special evaluation methods for attending students could be arranged during class lessons.
IUS/17 - CRIMINAL LAW - University credits: 15
Lessons: 105 hours