The course is considered the natural development of Criminal Law – General Part, which is the prerequisite in order to study the general categories and basis of the general part of the Criminal Code.
The aim of the course is to provide the elements of the special part of the Criminal Law and to lead the student to the technical interpretation and implementation of the specific criminal offences, also the light of their systematic outline, constitutional principles and supranational sources.
The aim is also to study the concrete perspective of Criminal Law, as a system of criminal offences protecting fundamental legal interests. Students will receive the theoretical knowledge in order to understand and analyse case studies, also in critical perspective.
In particular the course will be divided into different parts, starting from the general introduction of the special part of the Criminal Law, taking into consideration that many criminal offences are provided in special laws. Second: the study will be focused on the structure of the Criminal Code with particular attention to the partial reform. Third: students will analyse and sudy specific criminal offences, also in critical perspective, taking into account general questions, in particular: offences against the public administration and the private sphere, offences against the individual persons, offences against the property, which are three specific sectors of the “special part” of the criminal code, which are relevant for acquire the ability to solve concrete questions and cases in sectors that have been also object of recent legislative reforms.
Finally students will analyse the system of criminal liability of legal persons.
As result of the course the students should be able to set correctly the relationship between general and special parts of criminal law to solve cases in the mentioned sectors of the special part of the criminal code recognizing their constitutive elements and circumstances, the related criteria for the attribution of the penal responsibility, the eventual concurrence of more offences, the legal protected interests.
The course is divided into two modules:
General introduction of the special part of Criminal Law and relationship with the general part; special part of Criminal Code and special laws; structure of the Criminal Code; partial reforms of the Criminal Code (IV, IX) and new parts (VI bis, IX bis).
General considerations about criminal offences against State, Public Administration, Administration of Justice, Public Order; Public Safety; Public Confidence; Public Economy; Family; Person; Property.
Criminal Offences against life and individual persons (artt. da 575 a 593 c.p.), against personal freedom (artt. da 605 a 609-undicies c.p.), against moral freedom (art. 610, 612 e 612-bis c.p.)
Criminal offences against Public Administration: definition of public official (artt. da 357 a 360 c.p.), crimes against public property, functional duties (artt. da 314 a 335-bis c.p.), crimes against public administration committed by private persons (artt. 336, 337, 340, 341-bis, 346, 346-bis, 348, da 353 a 356, 393-bis c.p).
Criminal offences against Property (artt. da 624 a 630; artt. 635, 638, 640, 640-bis, 641, 642, 643, 644, 644-bis, 644-ter, 646, 648, 648-bis, 648-ter, 648-ter.1, 648-quater, 649 c.p.)
Criminal Corporate Liability.
For students who will attend the course the methods will consist in frontal lectures about the basis and fundamental categories of Criminal Law, the interpretation of the criminal offences and their implementation. Specific workshops or seminar could be organised, in particular about case studies on the recent, important and different interpretation in jurisprudence or on criminal offences reformed by the legislator. After online registrations students may access to e-learning materials, or specific scientific works and case studies.
With regards to students who will not attend the course, the methods consist in the support of professors for an up to date study, available also through online information. After online registrations students may access to e-learning materials, or specific scientific works and case studies.
1) FIANDACA G., MUSCO E., Diritto penale. Parte speciale - Vol. II – tomo I: I delitti contro la persona, 4^ed., Zanichelli, Bologna, 2013
MANTOVANI, Diritto penale. Parte speciale - I. Delitti contro la persona, Cedam, Padova, 2016, (Chap. II. Delitti contro la vita e l’incolumità individuale – Chap. IV- sez. II: I delitti contro la libertà fisica, sez. III: I delitti contro la libertà morale – Chap. V I delitti contro la libertà e l’intangibilità sessuale) Chap. IV sez. I: I delitti di liberticidio]
2) FIANDACA G., MUSCO E., Diritto penale. Parte speciale - Vol. II - tomo II: I delitti contro il patrimonio, 7^ ed., Zanichelli, Bologna, 2015.
3) FIANDACA G., MUSCO E , Diritto penale. Parte speciale, Vol. I, 5^ ed., Zanichelli, Bologna, 2012: Cap. 2 - Delitti contro la pubblica amministrazione, and “Addenda” about the new law of 6.11.2012, n. 190, and the new law of 27.11.2015, n. 69.
|Mantovani||Diritto penale. Parte speciale I. Delitti contro la persona||Cedam - Padova||2016|
|FIANDACA G., MUSCO E.||Diritto penale. Parte speciale Vol. II – tomo I: I delitti contro la persona (Edizione 4)||Zanichelli||2013|
|G. FIANDACA-MUSCO||Diritto penale. Parte speciale. Volume II. I delitti contro il patrimonio.||Zanichelli - Bologna||2015|
The exam is oral and has the following goals, in order to verify:
Level and depth of study and understanding
Capacity to connect systematically the understanding
Analitycal and arguing ability
Students who attend the course can develop also short papers on specific topics and in agreement with professors. Papers will be discussed during the exam
Evaluation runs on a scale from 0 to 30 (successful completion of the examination starts from 18)