Criminal law

A.Y. 2021/2022
15
Max ECTS
105
Overall hours
SSD
IUS/17
Language
Italian
Learning objectives
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.
Expected learning outcomes
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.
Course syllabus and organization

Surname A-C

Responsible
Lesson period
year
More specific information on the delivery modes of training activities for academic year 2021/2022 will be provided over the coming months, based on the evolution of the public health situation
Course syllabus
During the first semester (66 hours of lessons), teaching will cover the following topics:
- the legitimacy and duties of criminal law;
- the functions of the penalty and the system of sanctions (penalties and security measures);
- the sources and limits on the applicability of criminal law;
- the notion and systematic of the crime;
- the crime;
- unlawfulness and causes of justification;
- the guilt.
During the second semester (39 hours of lessons), teaching will cover the following topics:
- the punishment;
- the attempt;
- the concurrence of persons in the crime;
- the concurrence of crimes and the apparent concurrence of rules;
- the detailed offense;
- the criminal liability of entities;
- only for those attending: single crimes (eg murder, fraud, corruption, aiding and abetting);
- only for attending students: exercises in the production of written texts.
Prerequisites for admission
The exams of Diritto costituzionale, Istituzioni di diritto privato I and Istituzioni di diritto privato II are preparatory to the exam of Criminal Law.
The first partial test, reserved for attending students, can be taken even if the aforementioned two prerequisites have not yet been respected.
Teaching methods
The course focuses on the General Part of Criminal Law. Only for those attending the course 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.
Teaching Resources
The preparation of the exam requires the study of the text that will be indicated, in class and on the Ariel website, in October 2021.

It is also necessary to constantly consult a Criminal Code and complementary rules, also in pocket format, provided that they are updated to 2021 and in PAPER version.
Assessment methods and Criteria
The final exam will consist of an oral interview, lasting about 20-30 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 law vocabulary and the ability to rework the concepts learned.

Only attending students will be able to take, after the conclusion of the first semester, a first oral exam, lasting about 20-30 minutes, concerning the program of the first semester. This first oral exam can be taken only once. However, the student is allowed to "withdraw" after the first question (no later) and return to the next session.
The positive outcome of this test, together with the active attendance also in the second semester, will allow you to take the second oral test, at the end of the course, lasting about 20-30 minutes, concerning the program of the second semester. This second oral exam can also be taken only once. However, the student is allowed to "withdraw" after the first application (no later than) and return to the next session, within the month of September.
The final vote of the exam will take into account the outcome of both tests and any progress between the first and second tests.
Finally, attending students will be able to take an optional written test in May / June, in which the analysis of a concrete case or a particular figure of crime will be addressed: any positive outcome of this test will be taken into account in the final vote.
Attending students who do not take the first oral exam or do not score a sufficient mark in it, will be able to take the entire exam on the program of the students at the end of the course, but no later than September 2022.
Attending students are considered to be those who will attend the lessons and will study the handouts provided from time to time in relation to each lesson or each group of lessons, carrying out the exercises indicated therein.
IUS/17 - CRIMINAL LAW - University credits: 15
Lessons: 105 hours
Professor: Basile Fabio

Surname D-L

Responsible
Lesson period
year
More specific informations on the delivery mode of training activities for the academic year 2021/22 will be provided in the coming months, based on the evolution of the public health situation.
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, IV-VIII of the textbook, and in particular:
- legitimation of the criminal law; penalty functions;
- the fundamental principles 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 II, 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 sources and limits of the criminal law;
- 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.
Teaching Resources
G. Marinucci, E. Dolcini, G.L. Gatta, Manuale di diritto penale. Parte generale, X ed., Giuffrè Francis Lefebvre, 2021;
E. Dolcini, G.L. Gatta, Codice penale e norme complementari, VII ed., Milano, Giuffrè Francis Lefebvre, 2021.
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.
IUS/17 - CRIMINAL LAW - University credits: 15
Lessons: 105 hours
Professor: Gatta Gian Luigi

Surname M-Q

Responsible
Lesson period
year
More specific informations on the delivery mode of training activities for the academic year 2021/22 will be provided in the coming months, based on the evolution of the public health situation.
Course syllabus
The course focuses on the general part of the criminal law and will be divided into two parts.

(i) The first part (first-semester program: 42 h) 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 second part (second-semester program: 63 h) will concern the topics illustrated in chapters VI-XV of the textbook, and in particular:
- the criminal fact;
- the unlawfulness and the justifications.
- 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, 2021.
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, 2021.
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
More specific information on the delivery modes of training activities for academic year 2021/2022 will be provided over the coming months, based on the evolution of the public health situation
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, X ed., Giuffrè Francis Lefebvre, 2021.
An updated Penal Code is necessary. It is reccomended: Codice penale e norme complementari, a cura di E. DOLCINI, G.L. GATTA, VII ed. 2021
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(s)
Reception:
on Wednesday from 3 p.m.
on Teams until further notice (Team 'Ricevimento', code 3irk42r). Send an email to angela.dellabella@unimi.it to make an appointment.