Criminal law

A.Y. 2020/2021
15
Max ECTS
105
Overall hours
SSD
IUS/17
Language
Italian
Learning objectives
L'insegnamento mira a far conseguire agli studenti:
- la conoscenza dei principi fondamentali e degli istituti di parte generale del diritto penale italiano;
- la capacità di rielaborazione delle nozioni oggetto di studio e di applicazione di tali conoscenze alle fattispecie concrete;
- la capacità di analisi interpretativa e di inquadramento sistematico delle norme penali;
- la capacità, attraverso la discussione in aula, di argomentare soluzioni in relazione a casi problematici, illustrati in via esemplificativa.
Expected learning outcomes
Al termine del corso lo studente che abbia proficuamente appreso la materia avrà una conoscenza approfondita degli argomenti del corso, con l'acquisizione di un metodo di ragionamento idoneo ad affrontare temi giuridici attinenti alla parte generale del diritto penale.
Course syllabus and organization

Surname A-C

Responsible
Lesson period
year
IUS/17 - CRIMINAL LAW - University credits: 15
Lessons: 105 hours
Professor: Basile Fabio

Surname D-L

Responsible
Lesson period
year
In the first semester, the lessons of the course will take place online, through Microsoft Teams (three times a week, Mo-We, 10.30 a.m.) The lessons will be in synchronous (live) mode, which will be recorded and made available on the course website, in Ariel. Only 'synchronous' participation will be considered as attendance at the lessons, for the purposes of course attendance necessary to be able to access the intermediate test at the end of the first semester.
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-VIII 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 unlawfulness and the justifications
- the culpability;
The second part, which will be the subject of discussion in the second semester, will concern the topics illustrated in chapters IX-XV of the textbook, and in particular:
- 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 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. This module will take place in the second semester provided that the emergency situation related to the Covid-19 pandemic permits it.
Teaching Resources
G. Marinucci, E. Dolcini, G.L. Gatta, Manuale di diritto penale. Parte generale, IX ed., Giuffrè Francis Lefebvre, 2020;
E. Dolcini, G.L. Gatta, Codice penale e norme complementari, VI ed., Milano, Giuffrè Francis Lefebvre, 2020.
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

Surname M-Q

Responsible
Lesson period
year
The first-semester lesson schedule remains unchanged. Lessons will be held in "synchronous mode" on the Microsoft Teams platform. Students will be able to connect, watch the lessons "live" and ask any questions.
Only "synchronous" participants will be considered attending students and will be able to take the mid-term test.
Recorded lessons will be available on the Ariel website for non-attending students.
The online lesson will be an opportunity to analyze selected topics, to reflect on real-life cases, to ask questions, and to propose reflections.

Program and reference material
The course syllabus and reference materials remain unchanged.




Learning assessment procedures and assessment criteria
The procedures for verifying learning and the assessment criteria will not be subject to changes, the oral exam will take place on Microsoft Teams or in person according to the University directives in force at the time of the exam.
Course syllabus
The course focuses on the general part of the criminal law and will be divided into two parts.
The first part (first-semester program) will concern the themes illustrated in chapters I-VII of the textbook, and in particular:
- legitimation of criminal law; penalty functions;
- the sanctioning system (penalties and security measures);
- the fundamental principles of criminal law;
- the sources and limits of criminal law;
- the notion and systematics of the offense;
- the criminal fact;
- the unlawfulness and the justifications.

The second part (second-semester program) will concern the topics illustrated in chapters VIII-XV of the textbook, and in particular:
- 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
Successful completion of Constitutional Law, Institutions of Private Law 1 and Institutions of Private Law 2 exams is a pre-requisite for attending Criminal Law final exams.
Attending students only will be allowed to take the mid-term partial oral test in Criminal Law, even before passing the Constitutional Law, Institutions of Private Law 1 and Institutions of Private Law 2 exams.
Teaching methods
During the lessons, the General Part of Criminal Law will be analysed in relation with the Special Part (i.e. with single criminal offences).
In order to better understand the practical application of the general principles and rules of Criminal law, students will be involved in the discussion of recent case-law. This method will encourage an autonomous re-elaboration of the concepts learned.
Teaching Resources
G. Marinucci, E. Dolcini, G.L. Gatta, Manuale di diritto penale. Parte generale, IX ed., Giuffrè, 2020.
Preparation of the exam must be integrated witG. Marinucci, E. Dolcini, G.L. Gatta, Manuale di diritto penale. Parte generale, IX ed., Giuffrè Francis Lefebvre, 2020.
Preparation of the exam must be integrated with an up-to-date edition of the Italian Criminal Code. Recommended edition: Codice penale e norme complementari, a cura di E. Dolcini, G.L. Gatta, Giuffrè, 2020.
h an up-to-date edition of Italian Penal Code. Recommended edition: Codice penale e norme complementari, a cura di E. Dolcini, G.L. Gatta, Giuffrè, 2020.
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, 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 allowed to take an oral test on the program carried out in the first semester only.
The positive result of this mid-term partial test will allow the student to take the final exam on the second-semester program only.
Attending students will be allowed to take the partial tests (mid-term test and final exam) for once only.
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 mid-term partial test will allow to take the final exam only on the part of the program covered in the course in the second semester.
Attending students will be allowed to take the partial tests (mid-term test and final exam) for once only.
IUS/17 - CRIMINAL LAW - University credits: 15
Lessons: 105 hours

Surname R-Z

Lesson period
year
As for the first semester, classes will be held on the Microsoft Teams platform, synchronously, based on the first semester time.
Only 'in sync' participation will be considered as a presence at the lessons, for the purpose of the course attendance necessary to be able to access the intermediate test.
In any case, the lessons will be recorded and left available on the Ariel website of the course for non-attending students.
The programme and reference material will not be affected.
The intermediate test will take place in oral form using the Microsoft Teams platform or, where the regulation allows it, in the presence of oral form.
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).
During the lessons, we will link the general part of the Penal Code with the different types of offences, through the study of case-law. In this way, the students will acquire the skills needed to apply the rules to factual situations.
Teaching Resources
G. Marinucci, E. Dolcini, G.L. Gatta, Manuale di diritto penale. Parte generale, IX ed., Giuffrè Francis Lefebvre, 2020.
An updated Penal Code is necessary. It is reccomended: Codice penale e norme complementari, a cura di E. DOLCINI, G.L. GATTA, Giuffrè, 2020.
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