Criminal procedural law

A.Y. 2019/2020
14
Max ECTS
98
Overall hours
SSD
IUS/16
Language
Italian
Learning objectives
The course will be analyze all the discipline of the criminal process contained in the code of criminal procedure of 1988. The course aims to address, in the institutional lines, the current structure of the criminal proceedings, in the static e dynamic dimension.
The code law will be examined in detail in the light of constitutional principles. The arguments will also be dealt with on the basis of jurisprudence (Constitutional Court and Court of Cassation), and considering the impact of European law and jurisprudence
Expected learning outcomes
- Knowledge of the procedural system designed by Code of Criminal Procedure 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.
Course syllabus and organization

Cognomi A-D

Lesson period
year
Course syllabus
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 stages of the proceeding, and with regard to precautionary measures.
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). They will also be examined: res iudicata and its effects; application to the European Court of Human Rights; post-conviction review (revision, extraordinary appeal in cassation, reversal of judgment in absentia); Prevention proceedings.
Prerequisites for admission
The Criminal law exam is a prerequisite for the examination of Criminal procedural.
Teaching methods
The course will analyse the rules of the criminal proceedings contained in the Code of Criminal Procedure of 1988.
The provisions will be examined in detail in light of the constitutional principles.
The topics will also be addressed on the basis of the constitutional and the Supreme Court case law. European case law will also be taken into account.
The course will be complemented by seminars on specific topics indicated on the Ariel Platform. The seminars of in-depth theoretical study will be accompanied by meetings that will favor a "practical" approach, through the study of procedural documents, participation in hearings before the Court of Milan and in mock trials.
Teaching Resources
AA.VV., Procedura penale, 7th ed., Torino, Giappichelli, 2019.
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 - Application to the European Court of Human Rights - Post-conviction Review - Prevention proceedings.
In the program are not included the parts of the proceedings concerning the liability of legal entities, juvenile proceedings, jurisdictional relations with foreign authorities.
It is essential to use a criminal procedure code updated.
Assessment methods and Criteria
The exam consists of an oral test.
IUS/16 - CRIMINAL PROCEDURE - University credits: 14
Lessons: 98 hours

Cognomi E-N

Responsible
Lesson period
year
Course syllabus
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 stages of the proceeding, and with regard to precautionary measures.
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 (giudizio abbreviato, applicazione della pena su richiesta delle parti, giudizio direttissimo, giudizio immediato, procedimento per decreto, sospensione del procedimento con messa alla prova, ); appeals (appeal, appeal to the court in cassation). They will also be examined: res iudicata and its effects; application to the European Court of Human Rights; post-conviction review (revision, extraordinary appeal in cassation, reversal of judgment in absentia); Enforcement of judgments.
The course will be complemented by seminars, according to themes and procedures that will be shown at the beginning of the lessons.
Prerequisites for admission
The Criminal law exam is a prerequisite for the examination of Criminal procedure.
Teaching methods
All information can be found on the Ariel webside regarding: lesson times, slides and seminars. In Didattica on line Ariel can be found additional information regarding criteria for the assignment of the thesis.
Ariels's noticeboard also includes other informations related to the course.
There are no specific programs for Erasmus students
Teaching Resources
AA.VV., Procedura penale, 7th ed., Torino, Giappichelli, 2019.
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 - Application to the European Court of Human Rights - Post-conviction Review - Enforcement of judgments.
In the program are not included the parts of the proceedings concerning the liability of legal entities, juvenile proceedings, jurisdictional relations with foreign authorities.
It is essential to use a criminal procedure code updated.
Assessment methods and Criteria
The exam consists of an oral test. The evaluation is expressed with a mark in thirtieths, with possible full marks. The criteria for the evaluation take into account the correctness of the contents, the understanding of the systematic links, the clarity in the exposure and the skills to analyze and critical judgement. The knowledge of the current structure of the criminal proceedings, in all its sequences is required.
IUS/16 - CRIMINAL PROCEDURE - University credits: 14
Lessons: 98 hours
Professor: Vigoni Daniela

Cognomi O-Z

Responsible
Lesson period
year
Course syllabus
MODULO 1 - CREDITI: 8 - lezioni: 56 ore
Prof. Manfredi Bontempelli
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 stages of the proceeding, and with regard to precautionary measures.

Programma MODULO 2 - CREDITI: 6 - lezioni: 42 ore
Prof.ssa Daniela Vigoni
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 (giudizio abbreviato, applicazione della pena su richiesta delle parti, giudizio direttissimo, giudizio immediato, procedimento per decreto, sospensione del procedimento con messa alla prova, ); appeals (appeal, appeal to the court in cassation). They will also be examined: res iudicata and its effects; application to the European Court of Human Rights; post-conviction review (revision, extraordinary appeal in cassation, reversal of judgment in absentia); Enforcement of judgments.
Prerequisites for admission
Knowledge of substantive criminal law.
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
AA.VV., Procedura penale, Torino, Giappichelli, ediz. 2019
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: 14
Lessons: 98 hours