Criminal procedural law

A.Y. 2020/2021
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

Surname A-C

Lesson period
year
In light of the provisions introduced to respond to the health emergency, the teaching activity of the first semester of academic year 2020/2021 will take place remotely. In particular, classes will be conducted through the Microsoft Teams platform, in synchronous mode, on Tuesdays and Thursdays from 14:30 to 16:15. Classes will also be recorded.
The program and the relevant material will remain unchanged.
Information on how seminar will be held will be posted on Ariel's bulletin board.
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, 8th ed., Torino, Giappichelli, 2020.
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

Surname D-L

Responsible
Lesson period
year
Following the instructions provided by the University, the lessons will be held in synchronous mode, on the Microsoft Teams platform and will be recorded.
The exam program and the reference material will not be changed.
Students attending the first semester will be able to take a partial oral test: any relevant information will be communicated on the Ariel teaching site.
Further specifications related to teaching will always be indicated on the Ariel website, which is recommended to consult regularly.
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, 8th ed., Torino, Giappichelli, 2020.
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

Surname M-Q

Responsible
Lesson period
year
TEACHING METHODS
The lessons will be held in "live" mode on the Microsoft Teams (MT) platform and can be followed both in synchrony on the basis of the first semester schedule and asynchronously, because they will be recorded and left available to students on the Ariel teaching website. If the health situation allows it and in compliance with the indications, there may be activities in presence in the classroom, of which the students will be appropriately informed by means of notices on the Ariel website.

PROGRAM AND REFERENCE MATERIAL
The program and reference material will not be affected.

METHOD OF VERIFICATION OF LEARNING
The exam will take place in oral form using the Microsoft Teams platform or, if the regulations will allow it, in presence, always in oral form.
The exam, in particular, will be aimed at:
- ascertain the achievement of the objectives in terms of knowledge and understanding;
- verify the student's autonomy of judgment also through the analysis of the cases discussed during the course or mentioned in the textbooks;
- ascertain the command of the specific language and the ability to present the arguments in a clear and orderly way.
Course syllabus
MODULO 1 - first semester - lezioni: 56 ore

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 - second semester - lezioni: 42 ore

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
Dominioni e altri, Procedura penale, Torino, Giappichelli, ediz. 2020
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

Surname R-Z

Lesson period
year
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 first 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.
Taking into account the evolution of the epidemic and the relevant regulations, if it should be possible to carry out activities in the classroom, students will be promptly informed via ARIEL.
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.
Information relating to the partial test at the end of the first semester and the seminar lessons will be communicated on ARIEL website.
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 the first part will be analyzed: - constitutional principles, models and fundamental criteria which inspire the procedural discipline - subjects - acts - evidence - precautionary measures.
In the second part particular attention will be dedicated to the dynamic profile, and therefore: - preliminary investigations, defensive investigations, functions of the judge for preliminary investigations and probative incident - closure of preliminary investigations - preliminary hearing - special proceedings - trial - appeals - res iudicata and its effects - enforcement of judgments - post-conviction review and application to the European Court of Human Rights.
The course will be complemented by seminars, which will favor a practical approach through the analysis of concrete cases and procedural documents.
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, seminars. In Ariel website can be found additional information regarding criteria for the assignment of the thesis.
Ariel's noticeboard also includes other informations related to the course.
Change of professorship is not allowed.
Teaching Resources
AA.VV., Procedura penale, 8th ed., Torino, Giappichelli, 2020.
Further indications will be given during the lessons.
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, prevention procedure.
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.
Students will be able to take a partial test on the first part of the program at the end of the first semester, according to the indications published on the Ariel page.
IUS/16 - CRIMINAL PROCEDURE - University credits: 14
Lessons: 98 hours