The criminal law course should be split in three parts.
First part is deputate to explain to the students the most important principles of italian criminal law.
The second part of the course has the purpose to theach the structure of the crimes. In this part will be also treated the difficult theme of the crimes displayning forms.
The third part, at the end, will provide general notions on the discipline of penalities.
Course Content
The criminal law course should be split in three parts.
First part is deputate to explain to the students the most important principles of italian criminal law.
The second part of the course has the purpose to theach the structure of the crimes. In this part will be also treated the difficult theme of the crimes displayning forms.
The third part, at the end, will provide general notions on the discipline of penalities.
Course Content - Last names O-Z
The first part of the course will be dedicated to the fundamental features of criminal law and to the principles.
The second part of the course will be dedicated to the analysis of the offense and the so-called "manifestations".
The last part of the course will provide general notions and principles of the sanction system.
MANTOVANI, Diritto penale. Parte generale, IX Ed., Cedam, Padova 2015.
The following paragraphs are excluded:
- Parr. 5 - 11 (I diversi tipi del diritto penale);
- Parr. 18 - 21 (Il problema della scienza penale);
- Par. 40 (La concezione analitica e la concezione unitaria del reato);
- Par. 42 (L’antigiuridicità formale e l’antigiuridicità sostanziale);
- Par. 47 (La condotta in generale);
- Par. 63 (La teoria dell’imputazione oggettiva dell’evento);
- Parr. 77 - 79 (La rilevanza del soggetto passivo nella politica criminale - La rilevanza criminologica del soggetto passivo. La vittimologia - La rilevanza politico criminale del soggetto passivo del reato);
- Par. 112 (L’inesigibilità);
- Parr. 126 - 128 (Le circostanze comuni e le attenuanti generiche);
- Par. 166 (Il reato plurisoggettivo necessario);
- Parr. 173 - 179 (Il problema delle cause della criminalità);
- Par. 180 (La libertà morale condizionata);
- Par. 194 (Il delinquente abituale, professionale e per tendenza);
- Parr. 196 - 201 (Il problema della difesa contro il delitto);
- Par. 205 (I tipi di pena nei sistemi differenziati);
- Par. 210 (Gli aumenti e le diminuzioni di pena);
- Parr. 212 - 213 (Gli effetti penali della condanna - l’esecuzione della pena);
- Parr. 234 - 237 (Il problema della costituzionalità - Le misure della legge del 1956 - Le misure delle leggi del 1965, 1975, 1982 e 2005 - Le misure per gli alienati mentali e per i minori);
- Parr. 240 - 243 (I rapporti tra il reato ed il danno risarcibile - Le obbligazioni verso lo Stato - Le garanzie per le obbligazioni civili - Le obbligazioni civili per le pene pecuniarie);
- Parr. 255 - 258 (Il diritto internazionale penale);
- Parr. 259 - 264 (Il diritto punitivo amministrativo).
Some didactic material about corporate liability will be distributed during the course.
In any case, it is recommended to read FLORA, Appunti di diritto penale (parte generale), Cedam, Padova 2015 and to consult an updated criminal code.
Learning Objectives
Lerning objectives is knowledge: a)
the most important principles of italian criminal law;
b)structure of the crimes, with particular attention to the objective and subjective components, to the excusing cases and to the guiltness;
c) general notions on the discipline of penalities.
Learning Objectives
LEARNING OBJECTIVES is knowledge: a)
the most important principles of italian criminal law;
b)structure of the crimes, with particular attention to the objective and subjective components, to the excusing cases and to the guiltness;
c) general notions on the discipline of penalities.
Learning Objectives - Last names O-Z
Knowledge
Knowledge of the fundamental principles of criminal law, with particular reference to the nature and functions of the punitive sanction, criminal liability, the principles governing the choices of criminalization and the techniques for detecting criminal offenses, the principle of legality (foundations and political-constitutional meaning) with its corollaries of the law, determination and irretrievability.
Knowledge about the crime analysis.
General guidelines of the c.d. Forms of manifestation of the crime and notions about the sanctioning system.
Capacity
A) Research ability for regulatory, bibliographic and jurisprudential material;
B) Ability to address the main issues that emerge with regard to the function of criminal law;
C) Ability to keep in mind and adequately select the main interpretations of legislation in doctrine and jurisprudence.
Expertise
Sensitivity to the relationship between the general part of criminal law and the general principles outlined in our Constitution.
Awareness of the different solutions adopted by the fundamental types of configurable criminal systems (democratic, totalitarian, objective, subjective, mixed).
Sensitivity to the problems arising from the emergence of new forms of crime (both in terms of intensification of migration flows, in the field of economy and terrorism) and of the risks for the guarantee function and the prospects for reform that these dynamics grafted.
Awareness of the opening up of a new "European" and international dimension of criminal law.
Prerequisites
Students must have passed the exames in: Constitutional Law (Diritto costituzionale
generale), Private Law (Diritto Privato I)
Prerequisites
Students must have passed the exams in: Private Law (Diritto Privato I), Principles of public law (Istituzioni di diritto pubblico generale).
Prerequisites - Last names O-Z
Exams needed: Diritto costituzionale generale and diritto privato I.
Teaching Methods
Front lessons: total 72 hours
Teaching Methods
Lessons: 72 hours.
Teaching Methods - Last names O-Z
Teaching takes place through face-to-face lessons. Particular attention is paid to the deepening of practical cases, which are examined with the help of the doctrinal and jurisprudential elaboration. Students are constantly encouraged to express their opinions and to compare the knowledge already in their possession with that acquired during the lessons and the study for the preparation of the exam. The course includes four seminars designed to deepen the knowledge of the topics which, also in the light of the evolution of jurisprudence, appear to be of greater complexity for the students. In the 2017/2018 academic year, the seminars will focus on the offence attempted, the possible malice, the subjective element of the participation of persons in the crime and the commencement of the sentence.
Further information - Last names O-Z
Students wishing to attend the course must register via the Moodle platform by the end of the first week of the course. Students who have applied for a course must enrol in the course through Moodle as soon as they have been given permission to do so. The presence in class of the students enrolled in the course will be detected by roll call on a random basis. Students enrolled in the course are required to inform the teacher of their absence, before the start of each lesson, by e-mail with the subject: "justification". A maximum of 5 justifications are allowed.
Type of Assessment
Oral examination
Type of Assessment
There will be oral examination at the end of the course.
Type of Assessment - Last names O-Z
In order to pass the exam, the student must correctly answer three oral questions. The first question concerns the knowledge of constitutional principles, the second on the structure of the crime and the third on the system of sanctions. The student must be able to make connections with the constitutional principles on which the criminal accusation is based and with the other structural elements of the crime. The student must also demonstrate that he or she is able to frame the system of penalties in the light of the principles laid down in the Constitutional Charter, the ECHR and international treaties.
The absence of a reply on constitutional principles will be considered as an obstacle to the continuation of the examination.
Course program
The criminal law course should be split in three parts.
First part is deputate to explain to the students the most important principles of italian criminal law, with particular regard to the punishment functiones and the principles of naturality, offensivity, typicality and legality. Particular attention will be reserved to the auxiliary of the principle of legality and in particular to the reserve of the production of criminal law, the necessary precision of the law-texts and the irretroactive of new crimes.
The second part of the course has the purpose to theach the structure of the crimes, with particular attention to the objective and subjective components, to the excusing cases and to the guiltness. In this part will be also treated the difficult theme of the crimes displayning forms.
The third part, at the end, will provide general notions on the discipline of penalities.
Course program
The criminal law course should be split in three parts.
First part is deputate to explain to the students the most important principles of italian criminal law, with particular regard to the punishment functiones and the principles of naturality, offensivity, typicality and legality. Particular attention will be reserved to the auxiliary of the principle of legality and in particular to the reserve of the production of criminal law, the necessary precision of the law-texts and the irretroactive of new crimes.
The second part of the course has the purpose to theach the structure of the crimes, with particular attention to the objective and subjective components, to the excusing cases and to the guiltness. In this part will be also treated the difficult theme of the crimes displayning forms.
The third part, at the end, will provide general notions on the discipline of penalities.
Course program - Last names O-Z
The course deals with the general part of the Criminal Law and with general and constitutional principles. Particular attention will also be given to the European and international dimension of criminal law and to the reflections that follows from them.
In particular, this course deals with: the problem of formal and substantive legality; The criminal law seen in the light of the principles of materiality, offense and guilty and dealing with the analysis of the offense; The theme of personality.
Any exercises, seminars, and insights on individual parts of the program will be agreed with the students at the beginning of the lessons.