Criminal procedure law (2018/2019)



Course code
4S00329
Credits
15
Coordinator
Elisa Lorenzetto
Academic sector
IUS/16 - CRIMINAL PROCEDURE
Language of instruction
Italian
Teaching is organised as follows:
Activity Credits Period Academic staff Timetable
UL1 6 1° periodo di lezioni Elisa Lorenzetto

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UL2 9 2° periodo di lezioni - aprile/maggio 2019, 2° periodo di lezioni - febbraio/aprile 2019 Elisa Lorenzetto

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Learning outcomes

The course focuses on the illustration of the criminal process’ institutes, in view of the Constitutionally-sanctioned principles and of the International Conventions, on which the current laws are set forth. It aims to teach the main necessary evaluation tools for the understanding of the needs and of the values protected by the criminal process; to let students gaining the skills for the correct interpretation of the applying rules in the framework of the general principles of the criminal procedural system as well as improving critical and dialectical skills to face legal issues in the application phase, also due to frequent and unsystematic amendments involving the criminal procedural law.

Syllabus

The course includes the following topics:
• Fundamental guarantees of the individual in the Italian Constitution and International Charters. The constitutionalising of the “fair trial”.
• The subjects. The parties. Procedural actions. Invalidities.
• The evidence and the proof procedure. Restrictive measures.
• The preliminary investigation and the preliminary hearing. The judgement.
• The special proceedings. The proceedings before the Monocratic Courts.
• The appeals. The enforcement of the award. The relationships with foreign authorities.

For all students, either attending the classes or not, the following subjects are non-inclusive:
• Proceedings before the Justice of the Peace.
• Juvenile criminal proceedings.
• Proceedings involving corporate criminal liability (Legislative Decree 8th June 2001, No. 231).

Teaching methods
Teaching is given through lectures.
Further didactic activities will be the object of specific laboratories dedicated, for example, to the process simulation, to the study and to the techniques of drafting the procedural documents and to the analysis of the controversial cases in comparison with the professions.
Attending students will also be able to take part in additional educational activities, including assistance with the teacher to specific trial hearings and a guided visit to a prison institute.
A support path for further study or recovery will also be available, through the activity of tutors selected for this purpose.
The in-depth material and training related to teaching will be made accessible through the e-learning platform.

Suggested textbooks:
1) AA. VV., Compendio di procedura penale, a cura di M. Bargis (fondatori G. Conso, V. Grevi), 9° ed., Cedam, 2018.
2) P. FERRUA, Il giusto processo, latest ed., Zanichelli.
It is strongly recommended the review of an updated Code of Criminal Procedure.
Suggested:
H. BELLUTA-M. GIALUZ-L. LUPÀRIA, Codice sistematico di procedura penale, 3° ed., Giappichelli, 2018.

Assessment methods and criteria

Oral test on the entire teaching program, aimed at assessing:
- the knowledge and level of detail acquired;
- the ability to make systematic connections;
- the attitude to analytical evaluation and argumentative skills;
- possession of the appropriate legal terminology.
Evaluation is expressed in thirtieths.

For attending students only: at the end of the first period of lessons, intermediate written exam with open questions on the program covered by the first period of lessons.
Evaluation is expressed in thirtieths.
At the end of the course, attending students who have achieved a positive result in the intermediate written exam can take the oral test on the part of the residual program.
Evaluation reported in the intermediate written exam is included in the final evaluation, expressed in thirtieths.
If the intermediate written exam is not passed or if the positive evaluation obtained is renounced, the oral test will focus on the entire teaching program.
The outcome of the written exam remains firm for the entire academic year. 2018/2019, until the extraordinary session scheduled for March 2020 (for out-of-course students with the right).

Reference books
Activity Author Title Publisher Year ISBN Note
UL1 H. Belluta, M. Gialuz, L. Luparia Codice sistematico di Procedura penale (Edizione 3) G. Giappichelli Editore, Torino 2018
UL1 M. Bargis (fondatori G. Conso, V. Grevi) Compendio di procedura penale (Edizione 10) Cedam, Padova 2020
UL1 P. Ferrua Il giusto processo (Edizione 3) Zanichelli, Bologna 2012
UL2 H. Belluta, M. Gialuz, L. Luparia Codice sistematico di Procedura penale (Edizione 3) G. Giappichelli Editore, Torino 2018
UL2 M. Bargis (fondatori G. Conso, V. Grevi) Compendio di procedura penale (Edizione 10) Cedam, Padova 2020
UL2 P. Ferrua Il giusto processo (Edizione 3) Zanichelli, Bologna 2012

STUDENT MODULE EVALUATION - 2017/2018