Learning objectives
The course aims to provide the student with methodological and cognitive tools to understand the topics of the criminal procedure.
At the end of the course the student is expected to be able to:
- have a systematic view of the criminal procedure rules;
- analyze the dispositions provide for the law in the light of the constitutional framework;
- highlight the profiles of constitutional illegitimacy of the discipline.
Prerequisites
For students attending the the 4th years (a.y. 2023-2024), it is necessary to have passed the exams of: Institutions of Private Law, Institutions of Roman Law, Constitutional Law and Criminal Law I.
Course unit content
The major topic is the criminal trial, having regard to the constitutional and international principles, and to the rules provided for by the Criminal Procedure Code. Graet attention will be given to the analysis of the procedural legality principle (See also the "Extended Program") and the procedural fundamental rights.
Full programme
Constitutional and international provisions about criminal justice;
Italian Criminal Procedure Code (Books 1-10).
Bibliography
Attending students:
Class-notes, completed by
BUZZELLI-CASIRAGHI-CASSIBBA-ZACCHE’-UBERTIS, Sistema di procedura penale, vol. II, Soggetti, strumenti, riti, Giuffré, 2023, limited to the topics analyzed in class.
Non attending students:
1) UBERTIS, Sistema di procedura penale, vol. I, Principi generali, Giuffrè, 2017, except for chapters: I, IV, V
2) BUZZELLI-CASIRAGHI-CASSIBBA-MANCUSO-ZACCHE’-UBERTIS, Sistema di procedura penale, vol. II, Persone, strumenti, riti, Giuffré, 2020, except for chapters: XIX, XXI, LX, LXI, LXV, LXVII, LXVIII, LXX, LXXI, LXII, LXXIII, LXXIV, LXXV, LXXVI, LXXVII, LXXVIII, LXXIX, LXXX, LXXXI, LXXXII, LXXXIII
Total pages: about 960.
Teaching methods
Frontal lessons. During the lessons, the debate between the teacher and the students will be encouraged, at least on the most current and problematic topics of the course. The aim is to develop the student's ability to adopt a critical and argumentative approach to the criminal procedure system.
Assessment methods and criteria
Oral examination, about the skills gained by the students on the topics.
Other information
Students attending the lessons can split the exam in two part under the conditions that the whole exam has to be completd until the last exam session of the sam year in which the student has attended the class.
The topics of the two parts of the exam overlap with the content of the fall semester and the content of the second semester.
