Learning objectives
Module 3 aims to provide the student with the fundamental notions of procedural criminal law, through the analysis of the laws (both supranational and national) that have occurred over the years, with particular reference to the rules of the Code of Criminal Procedure that regulate the various stages of the criminal proceedings and the trial relating to gender-based violence. The goal is to provide the student with the necessary tools to be able to move independently and methodically, in the professional future, in this context, understanding the main legal issues inherent in these types of crime.
Prerequisites
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Course unit content
LESSON 1
In the first meeting the following aspects will be analyzed:
a) will first provide, in summary form, the tools to understand the main procedural law institutes that can have effects, in general, also in the field of gender-based violence (for example, illustration of the various phases of the criminal proceedings and of the trial, explanation of the main investigative tools available to the Public Prosecutor and the Judicial Police, analysis of the type of prosecution of crimes);
b) we will also begin to analyze all the elements of procedural law that have greater relevance to gender-based violence (for example, methods of prosecution of offended persons, both adults and minors in the course of preliminary investigations and in the process, legal instruments procedural activities that can be activated to protect the injured person, such as pre-precautionary and precautionary measures, further types of procedural activities that can take place during the preliminary investigations such as requests for probative incidents and technical advice and still ways of defining criminal proceedings with analysis of the various rites procedures that can be activated).
LESSON 2
In the second meeting, the analysis of the aspects referred to in point b) of the first lesson will be completed. In addition, students will be offered, through group work, the analysis of specific cases (practical cases drawn from already sentenced proceedings) in order to give them the possibility of active participation.
LESSON 3
In the third meeting there will be a psychologist - psychotherapist who for years has been dealing with gender violence and in particular with that witnessed and suffered by minors and we will then focus on some practical cases relating to this type of crime.
Full programme
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Bibliography
F. Roia, Crimes against women. Policies, laws, best practices, Milan, 2017 (chapters 3 and 4); F. Basile, The protection of women from human violence: from the Rocco Code. to the Red Code, in Criminal Law for men, 20.11.2019 (available at the following link: https://dirittopenaleuomo.org/contributi_dpu/la-tutela-delle-donne-dalla-violenza-delluomo-dal-codice-rocco-al- code-red /) (only par. 3.4.2.)
Teaching methods
Lectures alternate with active learning methods, through group work and practical exercises. A discussion with students will always be privileged, also in order to develop argumentative and critical skills. There will also be the involvement of a psychologist - psychotherapist expert on gender violence issues who will dialogue with the students.
Assessment methods and criteria
The exam is written and consists of submitting students to a multiple choice test.
The knowledge and the ability to understand will be assessed with answer questions, aimed at verifying the actual knowledge of the fundamental concepts relating to the five modules.
In the event that the health emergency continues and depending on its evolution, the examination may take place in the presence, in mixed mode (i.e. in the presence, but with the possibility of support even remotely for students who request it from the Teacher), or only online for everyone (at a distance). The chosen method will be promptly notified on the Esse3 system in advance of the exam.
Other information
The teacher is available during office hours and by e-mail
