Learning objectives
The course aims to introduce students to the fundamental structures of the various criminal systems, also through a historical comparison of the evolution of criminal law, with particular attention to common law systems. In addition, individual guarantees will be analysed, through the comparison between the solutions accepted in the various legal systems and the comparison with the jurisprudence of supranational courts (in particular, the European Court of Human Rights). The student is expected to be able to identify similarities and differences between the different criminal systems, understanding the reasons and implications of the approaches adopted in order to form an independent opinion about the strengths and weaknesses of the same. Finally, the student is expected to be able to present the knowledge acquired through an adequate technical language and in the awareness that the same notion can take on different meanings in the various legal systems.
Prerequisites
Good knowledge of constitutional law and the general part of Italian criminal law.
Course unit content
Having made the necessary premises on the role of comparison in criminal matters, the degrees and functions of aid to legislation and interpretation will be deepened, through an analysis of the universal variables and constants of criminal law. In addition, the course will focus on the various solutions adopted in state systems and in the jurisprudence of the European Courts with regard to issues that affect the application of the guarantees of the individual. In particular, we will focus on the current dimension of the principle of legality and on the role of the so-called "Jurisprudential law" through the comparison between civil law and common law systems, also in order to highlight some aspects of convergence between the two models, also favoured by the guidelines that emerged in the rulings of the European Court of Human Rights. Again, through the comparison between the various national systems and the jurisprudence of the ECHR, further problems will be addressed in terms of criminal guarantees, with particular regard to their scope of application and, therefore, to the definition of the concept of "criminal matter" especially in the perspective of ne bis in idem.
Full programme
Bibliography
Non-attending students will have to study the following volumes: A. Cadoppi, Tra storia e comparazione. Studi di diritto penale comparato, Cedam, Padova, 2014, pagine 3-224, e V. Manes-M. Caianiello, Introduzione al diritto penale europeo, Giappichelli, Torino, 2020, pagine 3-43, 125-189 e 261-279 (total pages: 341). For attending students, the program will instead be agreed with the teacher and will be based on the topics covered in class and on the related materials uploaded on the Elly platform.
Teaching methods
The teaching will be given through face-to-face lessons and audiovisual materials will also be made available online through the Elly platform. During the lessons, mainly frontal moments will alternate with interactive moments with the students, whose active participation in the discussion and critical analysis of the most relevant case law will be encouraged. Exercises on concrete cases will be scheduled, organizing a simulated process that will see the attending students as protagonists. During the lessons the teacher will check the students' preliminary knowledge and, if necessary, will provide all students with the minimum skills to fill the gaps and successfully tackle the course.
Assessment methods and criteria
The final evaluation, with a mark out of thirty, follows an oral test that includes at least three questions that will deal with the course program. The exam aims to assess the student's level of learning, his ability to make connections between topics, as well as his ability to use suitable legal language. The sufficiency threshold will be reached if the student has shown knowledge and understanding of the fundamental institutes and the ability of independent exposure. The grade is communicated immediately at the end of the test itself. In the event that the health emergency continues and depending on its evolution, the exam may take place either in mixed mode (i.e. in presence, but with the possibility of support even remotely for students who request it from the teacher), or only with online mode for everyone (remotely). Information will be promptly given on the ESS3 system about the chosen method in advance of the exam. There are no intermediate exams.
Other information
The teacher is available for clarifications both during office hours and by e-mail.
