Advanced criminal procedure

A.Y. 2020/2021
9
Max ECTS
63
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

Single session

Lesson period
Second semester
TEACHING METHODS
According to the provisions for dealing with the health emergency, the lessons will take place remotely on Microsoft Teams in synchronous mode, at the times established for the second semester.
Information on how to access Microsoft Teams lessons and other teaching instructions will be posted on the course's ARIEL website, which is recommended to be consulted regularly.
Any changes relating to the conduct of the teaching activity will be promptly communicated via the ARIEL page.
PROGRAM AND REFERENCE MATERIAL
The course program and reference material will not be modified.
METHOD OF VERIFICATION OF LEARNING
The procedures for verifying learning and the assessment criteria will not be subject to changes.
The exam will take place in oral form using the Microsoft Teams platform or, where the regulations allow it, in presence, always in oral form.
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.
The Criminal law exam is a prerequisite for the examination of Criminal procedure.
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,
All information can be found on the Ariel website regarding: lesson times, the most relevant legislative texts and judgments of jurisprudence. In Ariel website can be found additional information regarding criteria for the assignment of the thesis.
Teaching Resources
1) M. R. MARCHETTI, Rapporti giurisdizionali con autorità straniere, in M. Bargis (ed.), Compendio di procedura penale, X ed., Cedam, 2020, from p. 941 to p. 1040;
2) F. RUGGIERI (ed.), Processo penale e regole europee: atti, diritti, soggetti e decisioni, Giappichelli, 2017, from p. 1 to p. 129;
3) L. CAMALDO, La normativa di attuazione dell'ordine europeo di indagine penale: le modalità operative del nuovo strumento di acquisizione della prova all'estero, in Cassazione penale, 2017, n. 11, pp. 4196-4210 (available in pdf format on the Ariel page).
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.
IUS/16 - CRIMINAL PROCEDURE - University credits: 9
Lessons: 63 hours
Professor(s)
Reception:
telematic connection by appointment via email
telematic connection (for sanitary emergency)
Reception:
on Thursday, by appointment only (elena,zanetti@unimi.it)
Department of Law "Cesare Beccaria" - via Festa del Perdono, n.3