History of the criminal justice

A.Y. 2016/2017
Lesson for
Overall hours
Learning objectives
Course content and purpose
In the history of the XIX and XX centuries penal justice, the course aims to focus the relationship between executive and judicial powers from 'Liberal' Kingdom, to Fascism, to the first decades of the Constitutional Republic and the slow process of implementing the democratic principles of division of powers and independence of the judiciary.

Judiciary's structure and penal procedure constitute only two of the various aspects of the Justice in each political, cultural, economic and social context.
The context analysis is essential for understanding the difference between theory and practice, the general principles and the legislation, and for distinguishing and qualifying the part played by lawmakers, legal science, judiciary and lawyers in balancing diverse interests. Among these interests, preserving the social order, securing the society and the State against the crime, granting rights of defence, ascertaining the truth and building public's trust in justice are at times conflicting with each other.
The course aims to provide the critical tools to analyse the aspects of the penal justice in specific historical and institutional contexts (Kingdom, Dictatorship, Democratic Republic) and to reflect on the areas of tension in implementing constitutional principles of the two Italian Constitutions of 1848 and 1948. Special attention will be given to the legal science and to the judgements of the Court of Cassation and of the Constitutional Court

Course structure and Syllabus

Active edition
Lessons: 42 hours
Professor: Storti Claudia
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.
Making Judgements
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.
Learning skills
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.
Communication skills
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.
Course summary
- 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.

Final exam
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
Please note:
· 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.
Lesson period
First semester
Lesson period
First semester
Assessment methods
Assessment result
voto verbalizzato in trentesimi