Criminal Procedural Law
A.Y. 2023/2024
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
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.
- 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.
Lesson period: Activity scheduled over several sessions (see Course syllabus and organization section for more detailed information).
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Surname A-C
Responsible
Lesson period
year
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; post-conviction review (revision, extraordinary appeal in cassation, reversal of judgment in absentia; remedies for the execution of decisions of the European Court of Human Rights); 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.
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; post-conviction review (revision, extraordinary appeal in cassation, reversal of judgment in absentia; remedies for the execution of decisions of the European Court of Human Rights); 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.
Ariels's noticeboard also includes other informations related to the course.
There are no specific programs for Erasmus students.
Teaching Resources
AA.VV., Manuale di diritto processuale penale, latest edition, Torino, Giappichelli.
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 - 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, application to the European Court of Human Rights, relations with foreign authorities.
It is essential to use a criminal procedure code updated.
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 - 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, application to the European Court of Human Rights, 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.
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.
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.
Surname D-L
Responsible
Lesson period
year
TEACHING METHODS
The lessons will be held in presence and in "live" mode on the Microsoft Teams (MT) platform. They will be recorded and left available to students on the 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.
The lessons will be held in presence and in "live" mode on the Microsoft Teams (MT) platform. They will be recorded and left available to students on the 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.
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, latest edition available.
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.
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
Professor:
Bontempelli Manfredi
Surname M-Q
Responsible
Lesson period
year
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; 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.
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; 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.
Ariels's noticeboard also includes other informations related to the course.
There are no specific programs for Erasmus students.
Teaching Resources
AA.VV., Manuale di diritto processuale penale, latest edition, Torino, Giappichelli.
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 - 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, application to the European Court of Human Rights, relations with foreign authorities.
It is essential to use a criminal procedure code updated.
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 - 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, application to the European Court of Human Rights, 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.
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.
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.
Surname R-Z
Responsible
Lesson period
year
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.
The first part of the course will be dedicated to the following topics: - constitutional principles, models and sources of criminal procedural law - subjects - acts - evidence - precautionary measures.
The second part of the course will be dedicated to the following topics: - preliminary investigations - preliminary hearing - special proceedings - trial judgement - trial before the court in monochratic composition - appeals - res iudicata - enforcement of judgments.
The course will be complemented by the analysis of concrete cases and procedural documents.
For the program relating to the 9 CFU exam and for the transition to the master's degree course, the indications are published on the Ariel page.
The first part of the course will be dedicated to the following topics: - constitutional principles, models and sources of criminal procedural law - subjects - acts - evidence - precautionary measures.
The second part of the course will be dedicated to the following topics: - preliminary investigations - preliminary hearing - special proceedings - trial judgement - trial before the court in monochratic composition - appeals - res iudicata - enforcement of judgments.
The course will be complemented by the analysis of concrete cases and procedural documents.
For the program relating to the 9 CFU exam and for the transition to the master's degree course, the indications are published on the Ariel page.
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.
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.
Ariel's noticeboard also includes other informations related to the course.
Change of professorship is not allowed.
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.
Ariel's noticeboard also includes other informations related to the course.
Change of professorship is not allowed.
Teaching Resources
A. Scalfati (and other), Diritto processuale penale, Giappichelli, 2023; or, as an alternative, O. Dominioni (and other), Procedura penale, Giappichelli, 2023.
It is essential to use a criminal procedure code updated: L. Kalb, Codice di procedura penale, Giuffrè, 2023.
Further indications will be given during the lessons.
In the program relating to the 14 CFU exam are included these parts: Subjects - Acts - Evidence - Precautionary measures - Preliminary investigations - Preliminary hearing - Special Proceedings - Trial - Appeals - Res iudicata and its effects - Enforcement of judgments.
In the program are not included: juvenile proceedings - proceedings concerning the liability of legal entities - proceeding before justice of the peace - relations with foreign authorities - prevention procedure.
For the reference material relating to the 9 CFU exam and for the transition to the master's degree course, the indications are published on the Ariel page.
It is essential to use a criminal procedure code updated: L. Kalb, Codice di procedura penale, Giuffrè, 2023.
Further indications will be given during the lessons.
In the program relating to the 14 CFU exam are included these parts: Subjects - Acts - Evidence - Precautionary measures - Preliminary investigations - Preliminary hearing - Special Proceedings - Trial - Appeals - Res iudicata and its effects - Enforcement of judgments.
In the program are not included: juvenile proceedings - proceedings concerning the liability of legal entities - proceeding before justice of the peace - relations with foreign authorities - prevention procedure.
For the reference material relating to the 9 CFU exam and for the transition to the master's degree course, the indications are published 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. 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.
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
Professor:
Camaldo Lucio Bruno Cristiano
Educational website(s)
Professor(s)
Reception:
Tuesday (h 17.30)
Dipartimento Cesare Beccaria - Sezione Scienze penalistiche (o via Teams by appointment)
Reception:
Monday and Wednesday h. 18 (by appointment via email)
Department "Cesare Beccaria" (Criminal Sciences Section)