EXPECTED LEARNING OUTCOMES
Applying knowledge and understanding
Students will have to demonstrate that they have acquired appropriate language and the ability to understand the various techniques of legal reasoning, as well as the ability to collect, analyse and select data based on context and to know and understand the underlying reasons of the lawmakers, lawyers, professors, and judges.
The above-mentioned skills shall also be achieved through critical reflection on the part of students, which will be stimulated by classroom activities and in the final test, consisting in a written and oral report on a topic chosen by them.
The course is designed to teach students the ability to write legal texts, as well as to reflect on practical matters by taking an in-depth look at particular cases and issues. To that end, all theoretical subjects shall be accompanied by the following: examination of original documents and texts in class; sources made available for download on the Ariel web portal; and slides projected during the lessons, which will help students approach the textbook and make the content of the subject matter more immediately comprehensible and usable.
Students will have to demonstrate that they have acquired critical awareness, management skills, flexibility, and a capacity for research into the penal procedure and the judiciary between XIX and XX centuries.
Students will have to demonstrate that they are able to understand the mutualistic relationship between sources of law and institutions. They will also have to demonstrate a strong capacity for analysis and reflection on penal procedure and judiciary.
Students will have to be able to determine how legislation, legal doctrine and practice have evolved in terms of the relationships between public power and civil society. Students shall develop this ability in such a way that it can be of use to them should they decide to pursue a postgraduate advanced degree or doctoral degree, whether in Italy or abroad.
Students will have to demonstrate that they are able to develop the concepts learned during the course and to write and discuss legal issues utilizing coherent argumentation, methodical precision and correct language.
- History of the political and scientific debate on the 1913, 1930 and 1989 codes of penal procedure.
- Inquisitorial proceedings in pre-trial and trial vs. adversarial process and accusatory procedure
- Trial jury
- Fascist 1930 code of penal procedure
- Political justice and politically-led judiciary
- Implementation of the 1948 democratic Constitution principles of the division of powers, independence of the judiciary and right to defence.
The final test will be different whether the students are attending classes or not .
Students attending classes
The final test for the students attending classes consists in drafting and discussing a report on a topic related to the program of the course.
Teaching materials and texts will be available on the Ariel web portal.
Students not attending class are required to chose one among these texts:
- Floriana Colao, Giustizia e politica. Il processo penale nell'Italia repubblicana, Milano, Giuffrè, 2013
- Giustizia penale e politica in Italia tra Otto e Novecento. Modelli ed esperienze tra integrazione e conflitto, a cura di F. Colao, L. Lacchè, C. Storti, Milano, Giuffrè, 2015 (pp. 1-248 and 385-516)
- L'inconscio inquisitorio. L'eredità del codice Rocco nella cultura processualpenalistica italiana a cura di L. Garlati, Milano, Giuffré, 2010
· All additional information regarding the course will be made available on the Ariel web portal.
· Professor Storti's office hours are on Tuesday from 12.30 to 13.30. Any changes will be announced on the Department's website (www.dpsd.unimi.it
) and on the Ariel web portal.