Civil Procedural Law and Criminal Procedural Law
A.Y. 2023/2024
Learning objectives
- a good knowledge of the fundamental principles and notions of civil and criminal procedural law and the ability to develop a literal and systematic understanding of the legislative text.
- ability to apply the knowledge learned to specific cases from the perspective of both the parties and the judge.
- capacity to develop argumentative and legally sustainable positions with regard to the issues of procedural law covered by the course. -
- ability to present the acquired notions with logical coherence and language properties.
- command of the fundamental principles of civil and criminal procedural law, enabling the student to deal systematically with issues not covered in depth during the course.
- ability to apply the knowledge learned to specific cases from the perspective of both the parties and the judge.
- capacity to develop argumentative and legally sustainable positions with regard to the issues of procedural law covered by the course. -
- ability to present the acquired notions with logical coherence and language properties.
- command of the fundamental principles of civil and criminal procedural law, enabling the student to deal systematically with issues not covered in depth during the course.
Expected learning outcomes
at the end of the course the student, thanks to the knowledge of the topics covered, will acquire a good understanding of the subject and its fundamental principles, as well as a method of reasoning suitable to solve, autonomously, more complex legal issues
Lesson period: year
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
year
eaching methods
In compliance with the regulations in force, the lessons will take place in person
In compliance with the regulations in force, the lessons will take place in person
Prerequisites for admission
To pass the exam students must be proficient in Criminal Law, private law and constitutional law.
Assessment methods and Criteria
As far as civil procedure is concerned, the exam consists of an oral test. The interview will assess the students' knowledge of the topics of the program, the extent of their comprehension and ability to extensively debate, the acquisition of an appropriate language, the ability of reprocessing from a critical perspective as well. There will be a written intermediate examination during the class.
As far as criminal procedure is concerned, the exam consists of an oral test. The interview will assess the students' knowledge of the topics of the program, the extent of their comprehension and ability to extensively debate, the acquisition of an appropriate language, the ability of reprocessing from a critical perspective as well.
Students are invited to sign in the final exam list when they have already attended one part.
As far as criminal procedure is concerned, the exam consists of an oral test. The interview will assess the students' knowledge of the topics of the program, the extent of their comprehension and ability to extensively debate, the acquisition of an appropriate language, the ability of reprocessing from a critical perspective as well.
Students are invited to sign in the final exam list when they have already attended one part.
CIVIL PROCEDURAL LAW
Course syllabus
The course analyzes the principles of the Italian civil litigation. The program of the course includes: 1) Notions and fundamental principles of the Italian litigation system; 2) Analysis of the proceedings before the courts of first instance; 3) Analysis of the principles on evidence and on legal remedies against the decisions of the courts
Teaching methods
Learning activities consist of 42 hours of lectures held by the teacher
Teaching Resources
On general principles E. Merlin, Elementi di diritto processuale civile. Parte generale, Giappichelli, 2022 or Danovi-Salvaneschi, Diritto processuale civile, I Principi, Milano, ult. ed. or F. P. Luiso, Diritto processuale civile, Vol. I, Milano, Giuffrè, last edition or , C. Mandrioli, Diritto processuale civile, vol. I, Torino, Giappichelli, last edition, c.d. editio maior
On the second part of the course: C. Mandrioli, Corso di diritto processuale civile, II, Il processo di cognizione, Torino, Giappichelli, 2023, c.d. editio minor, Capp. I, II, III, IV (sez. I), V, IX (sez. I). The book should be updated to last reform (so called Riforma Cartabia)
The use of an adjourned civil procedure code is compulsory: for instance: C. Ferri (a cura di), Codice di procedura civile e leggi collegate, Zanichelli, last ed.; B. Sassani, Codice di procedura civile e leggi complementari, Giuffré, last ed. .
On the second part of the course: C. Mandrioli, Corso di diritto processuale civile, II, Il processo di cognizione, Torino, Giappichelli, 2023, c.d. editio minor, Capp. I, II, III, IV (sez. I), V, IX (sez. I). The book should be updated to last reform (so called Riforma Cartabia)
The use of an adjourned civil procedure code is compulsory: for instance: C. Ferri (a cura di), Codice di procedura civile e leggi collegate, Zanichelli, last ed.; B. Sassani, Codice di procedura civile e leggi complementari, Giuffré, last ed. .
CRIMINAL PROCEDURAL LAW
Course syllabus
General Section: The course is meant to describe the rules and regulations of the criminal trial, beginning from the supranational sources and the constitutional principles, and its concrete functioning from the pretrial investigations to the appeals.
In this respect, you will examine the role and power of different parts, public and private, who act within the criminal trial ant its main institutes, from a physiologic and pathologic prospective. Moreover, you will deal the dynamics internal to the "ordinary" trial and to the "special" proceedings.
Different models of trial - National and supranational sources and fundamental principles - Parties of the criminal proceeding - Acts - Rules on evidence - Arrest and precautionary measures - Preliminary investigations - Preliminary hearing - Defense investigations - Special proceedings - Judgment - Appeals - Review of trial.
In this respect, you will examine the role and power of different parts, public and private, who act within the criminal trial ant its main institutes, from a physiologic and pathologic prospective. Moreover, you will deal the dynamics internal to the "ordinary" trial and to the "special" proceedings.
Different models of trial - National and supranational sources and fundamental principles - Parties of the criminal proceeding - Acts - Rules on evidence - Arrest and precautionary measures - Preliminary investigations - Preliminary hearing - Defense investigations - Special proceedings - Judgment - Appeals - Review of trial.
Teaching methods
Learning activities consist of 42 hours of lectures held by the teacher
Teaching Resources
- G. LOZZI, Lineamenti di procedura penale, Torino, Giappichelli, nell'edizione più recente (following parts are excluded: V (L'esecuzione); VI (Rapporti giurisdizionali con autorità straniere); VII (Il processo minorile)
- Latest edition of the Code of criminal procedure
- Latest edition of the Code of criminal procedure
CIVIL PROCEDURAL LAW
IUS/15 - CIVIL PROCEDURAL LAW - University credits: 6
Lessons: 42 hours
Professor:
Villata Stefano Alberto
CRIMINAL PROCEDURAL LAW
IUS/16 - CRIMINAL PROCEDURE - University credits: 6
Lessons: 42 hours
Professor:
Zanetti Elena
Educational website(s)
Professor(s)
Reception:
on Thursday from 10:30 to 12:00, by appointment only (elena,[email protected])
Department of Law "Cesare Beccaria" - via Festa del Perdono, n. 3