Criminal Procedural Law
A.Y. 2025/2026
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 cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Surname A-C
Responsible
Lesson period
year
IUS/16 - CRIMINAL PROCEDURE - University credits: 14
Lessons: 98 hours
Professors:
Caneschi Gaia, Vigoni Daniela
Surname D-L
Responsible
Lesson period
year
IUS/16 - CRIMINAL PROCEDURE - University credits: 14
Lessons: 98 hours
Professor:
Bontempelli Manfredi
Surname M-Q
Responsible
Lesson period
year
Course syllabus
The criminal trial: comparative models and constitutional principles - Criminal procedural law in space and time.
The procedural subjects: the judge; the public prosecutor; the person under investigation; the defendant; the civil party; the offended person; the civil responsible person; the person civilly obliged to pay the fine - The relations between criminal and civil proceedings.
The criminal procedural act - The species of invalidity: non-existence; nullity; unusability; inadmissibility.
Preliminary investigations.
Precautionary measures.
Precautionary measures.
Defensive investigations.
The preliminary hearing.
Special proceedings: the abbreviated trial; the application of the penalty at the request of the parties; proceedings by decree; the summary judgment; the immediate trial; the suspension of the trial with trial.
The general principles of pre-trial proceedings.
Pre-trial proceedings; the right to trial.
The trial phase; the evidentiary procedure; individual means of proof; the post-trial phase.
The proceedings before the monocratic court.
Proceedings before the Justice of the Peace.
Proceedings on administrative offences.
General principles on appeals: the individual ordinary and extraordinary means of appeal.
The criminal judgement. Enforcement and supervision.
Jurisdictional relations with foreign authorities.
The procedural subjects: the judge; the public prosecutor; the person under investigation; the defendant; the civil party; the offended person; the civil responsible person; the person civilly obliged to pay the fine - The relations between criminal and civil proceedings.
The criminal procedural act - The species of invalidity: non-existence; nullity; unusability; inadmissibility.
Preliminary investigations.
Precautionary measures.
Precautionary measures.
Defensive investigations.
The preliminary hearing.
Special proceedings: the abbreviated trial; the application of the penalty at the request of the parties; proceedings by decree; the summary judgment; the immediate trial; the suspension of the trial with trial.
The general principles of pre-trial proceedings.
Pre-trial proceedings; the right to trial.
The trial phase; the evidentiary procedure; individual means of proof; the post-trial phase.
The proceedings before the monocratic court.
Proceedings before the Justice of the Peace.
Proceedings on administrative offences.
General principles on appeals: the individual ordinary and extraordinary means of appeal.
The criminal judgement. Enforcement and supervision.
Jurisdictional relations with foreign authorities.
Prerequisites for admission
The Criminal Law and Constitutional Law examinations are preparatory to the Criminal Procedure Law examination.
The first partial examination, reserved for those attending, may be taken even if the aforementioned two preliminary requirements have not yet been met.
The first partial examination, reserved for those attending, may be taken even if the aforementioned two preliminary requirements have not yet been met.
Teaching methods
During the lectures, students will be involved in the discussion of cases drawn from the most recent case law. This is in order to foster an ability to independently rework the concepts learned.
Teaching Resources
AA.VV., Procedura penale, Giappichelli, last edition available.
H. Belluta, M. Gialuz, L. Lupária (eds.), Codice sistematico di procedura penale, last edition available.
H. Belluta, M. Gialuz, L. Lupária (eds.), Codice sistematico di procedura penale, last edition available.
Assessment methods and Criteria
The examination will consist of an oral interview aimed at ascertaining knowledge of the topics covered by the entire course programme, as well as the acquisition of adequate expository skills and the ability to rework the notions learnt.
After the end of the first semester, students attending the course may take an oral test on the topics covered in the first semester.
After the end of the first semester, students attending the course may take an oral test on the topics covered in the first semester.
IUS/16 - CRIMINAL PROCEDURE - University credits: 14
Lessons: 98 hours
Professor:
Luparia Donati Luca
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, 2025
or, as an alternative:
O. Dominioni (and other), Procedura penale, Giappichelli, last edition available.
It is essential to use a criminal procedure code updated: L. Kalb, Codice di procedura penale, Giuffrè, last edition available.
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.
or, as an alternative:
O. Dominioni (and other), Procedura penale, Giappichelli, last edition available.
It is essential to use a criminal procedure code updated: L. Kalb, Codice di procedura penale, Giuffrè, last edition available.
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
Professor(s)
Reception:
Tuesday (h 17.30)
Dipartimento Cesare Beccaria - Sezione Scienze penalistiche (o via Teams by appointment)
Reception:
By appointment to be requested via email
Department "Cesare Beccaria" (Via Festa del Perdono n. 3)
Reception:
To fix an appointment, please write to the following email: [email protected]
Department of Law "Cesare Beccaria"