Learning objectives
The course is designed to give students the fundamental notions of the general part of Criminal Law, with particular regards to the ones that are relevant for social workers. Through the study of the constitutional principles which govern criminal law and through the analysis of the institutes and provisions of the general part of criminal law, the course aims to allow the student to learn the method which is necessary in order to work autonomously and competently in the fields of social work in which criminal law is relevant. At the end of the course, students are expected to: 1) be autonomous in identifying the principles and rules of criminal law (knowledge and comprehension skills); 2) recognize and analyse the application of provisions and rules in the case law (ability to apply knowledge and comprehension); 3) analyze with method the case law concerning criminal law (autonomy in judgment); 4) develop a correct legal language (communicative skills); 5) make connections between different legal issues in the field of criminal law (learning skills).
Prerequisites
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Course unit content
The course focuses on the fundamental principles of criminal law: the constitutional principles, the main concepts of criminal offences and the punitive system. In the illustration of these institutes, reference will be made to the most important criminal offences, especially those most frequently occurring in journalistic reporting. Particular attention will be given to specific issues such as the balance between the freedom of the press and the protection of honour, as well as to the issue of so-called 'trial by media' and its impact on the principle of the presumption of innocence, also by referring to the relevant European sources on the matter.
Full programme
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Bibliography
• A. Cadoppi - P. Veneziani, Elementi di diritto penale. Parte generale, Wolters Kluwer Italia, Milano, IX ed., 2023 (pages 67-131; 179-209; 233-253; 275-295; 317-322; 337-371; 417-429; 537-557; 565-570; 584-592; 218 pages overall)
• V. Manes, Giustizia mediatica, Il Mulino, Bologna, 2022, 124 pages overall
• L. Tomasi, Diffamazione a mezzo stampa e libertà di espressione nell'orizzonte della tutela integrata dei diritti fondamentali, in www.sistemapenale.it, 21 gennaio 2021, pages 1-24
Teaching methods
Teaching will be provided through in-person lectures and the video recordings of the lectures will be made available online on the Elly platform. During the course, the general legal notions necessary for understanding the fundamental institutions of criminal law will also be recalled. During the lectures, students will be directly involved in the discussion on some of the most important decisions of the recent years. The platform Elly will be used for the publication of research materials and decisions and the lecturer will inform the students about the publication of these materials. The argumentative skills of the students will be developed also through discussions and debates.
Assessment methods and criteria
The final summative assessment, with a mark out of thirty, consists of an oral exam that includes at least three questions.
Other information
The students may contact the professor by email or during the office hours.
