The course will provide the conceptual, methodological and cultural basis to understand and study the categories and the general principle of Criminal Law, developing the capacity in using correct and specific language and discourse. Students will gain, following this method and in subiecta materia, legal and technical expertise both on the general part of criminal law and the special part of criminal law levels.
In particular he course is focused on topics, questions and elements about the general and the special part of criminal law, in national, european and sovranational perspective. In particular, on the one hand, emerging and current criminal phenomena (i.e. in particular terrorism, cyber-terrorism, cyber attacks and „cyber-war“) will be investigated and, on the other side, the course will study the principles of the national and european criminal law, the criminal offences regarding the public adminstraions, the criminal offences against terrorism and cybercrime.
Tha aim is to deepen and update the understanding and the knowledge of the Italian criminal law system, in european and sovranational perspective, also through the study of important and current topics. For these reasons, the course is organised with frontal lectures and discussion areas, open to sociological and criminological perspectives. The materials will be available online (free download).
The course is divided into the following parts:
1. Serious and transantional criminal phenomena and criminal law
2. National and European Criminal Law, in sovranational perspective; general principles of the Italian Criminal Law; the europeanisation of the Criminal Law, the role of the ECG
3. Crime against the public administration (artt. 357 - 360 p.c., 314 - 335-bis p.c., 336, 337, 340, 341-bis, 346, 346-bis, 348, 353 - 356, 393-bis p.c., included Law 190/2012 and corporate liability.
4. Cybercrime and current perspective, at national, european and sovranational levels
Students attending classes:
traditional lectures and workshop with use of slides and/or video, as well as group discussions and analysis of domestic and european cases, so as to instruct students on how the knowledge acquired through the course can be applied in individual case studies.
Students may write a paper on specific topics, which will be evaluated and will replace part of the final exam.
Students not attending classess:
individual study of the parts of the book indicated in “Reference books”.
Erasmus students must fix an appointment with the Professor in order to select an individual program, taking into consideration also the State of origin. Students may write a paper on specific topics in comparative perspective, which will be evaluated and will replace part of the final exam.
All students may use the online course (didattica online), which will contain the materials (case studies, judgements or specific scientific works) and the website of the Cybercrime Observatory (http://sites.les.univr.it/cybercrime/).
The book of the course is indicated in “Reference books”.
Office hours are published on the personal Department webpage. For special reasons students may ask to fix an appointment at different time.
|A. CADOPPI, S. CANESTRARI, A. MANNA, M. PAPA||Cybercrime - Trattato Omnia||UTET||2019||ISBN 9788859818700||Limitatamente alla parte prima, cap. II e III.|
|STEFANO CANESTRARI, LUIGI CORNACCHIA, GIULIO DE SIMONE (A CURA DI)||Manuale di diritto penale Parte speciale. Delitti contro la pubblica amministrazione, delitti di corruzione e cornice europea||Il Mulino||2015||9788815252111||Si consiglia di integrare il volume con la Legge 9 gennaio 2019, n. 3, recante "Misure per il contrasto dei reati contro la pubblica amministrazione e in materia di trasparenza dei partiti e movimenti politici"|
The final exam is oral and the official language is Italian. Erasmuns students may ask, for justified reasons, to take the exam in English.
No midterm exams are planned.
The oral exam has the purpose of assesing the level of the study and the knowledge, the language properties, the capacity to connect systematically the understanding and the knowledge, and the analitycal and the arguing ability.
Grades are awarded on a scale from 18 to 30, where 30 is the highest grade and 18 is the lowest grade to pass the exam.
The exam consists on an open question for each part of the program, which are of equal importance.
In case of an excellent knowledge and a high level of problem-solving capacity the candidate may earn the highest grade with “cum laude” honor.
Students attending classes and Erasmus students may write a paper on specific topics, which will be evaluated and will replace one or more parts of the final exam, depending on the topics chosen.