0055408 - CRIMINAL LAW II

Italian

Italian

The course is divided into two parts:
1) crimes against the human being (arts. 575-623 criminal code, with the exception of individual crimes of child pornography (arts.
600 ter to 600 quater criminal code), the dispositions of the arts 600 septies, septies 1, septies 2, and the criminal offence of insult (art. 594 c.p.);
2) criminal law of trading companies (arts. 2621, 2622, 2627, 2629 bis, 2634, 2639 civil code
and d.lgs. n. 231/2001)

The program includes 3 parts:
1) The special part of the Criminal Law: notion, contents, structure;
2) Crimes against the person;
3) Crimes against property

• F. Mantovani, Diritto penale. Delitti contro la persona, 6ª ed., Cedam, 2016, only the following parts:
- capitolo II;
- capitolo III, apart from par. 35;
- capitolo IV;
- capitolo V;
- capitolo VI, apart from Sezioni III and IV;
- capitolo VII;
- capitolo VIII.
• F Giunta, La responsabilità dell'ente collettivo per i reati commessi nel suo interesse o a suo vantaggio (appunti per gli studenti), available at "Centro Stampa Il Prato", via C. Del Prete, n. 38/r, Firenze.

• I reati societari, estratto da R. Rampioni (a cura di), Diritto penale dell'economia,II ed.,Giappichelli, 2018.

For the first part:
M. PAPA, Fantastic Voyage, Attraverso la specialità del diritto penale, Giappichelli 2017, (paper edition, red cover), pp. 1-117, 135-145.

For the second part:
F. Mantovani, Diritto penale. Delitti contro la persona, 6ª ed., Cedam, 2016, limited to:
- capitolo II;
- capitolo III, compreso il § 35
- capitolo IV;
- capitolo V;
- capitolo VI, except Sezioni II e IV;
- capitolo VII;

/For the third part:
F. Mantovani, Diritto penale. Delitti contro il patrimonio, 6° ed. Cedam, 2016, limited to:
-capitolo I
-capitolo II, except Sezione IV
-capitolo III, except Sezione III
-capitolo IV

KNOWLEDGE
Knowledge of the nature and extent of the special part of criminal law, the structure of the special part norms, methods of their genesis and their function. Aware of the problems posed by the integration of general and special part, criminal code’s peculiarities and criminal decoding issues. Technical knowledge, but also critical, of the crimes described in the program.
KNOWLEDGE
Knowledge of the nature and extent of the special part of criminal law, the structure of the special part norms, methods of their genesis and their function. Aware of the problems posed by the integration of general and special part, criminal code’s peculiarities and criminal decoding issues. Technical knowledge, but also critical, of the crimes described in the program.

CAPACITY
Ability to qualify - on the basis of a solid technical and legal methodology - the criminally relevant facts. Ability to link the part of special regulations with those of the general, in order to rebuild in their entirety the conditions of criminal responsibility. Ability to interpret the incriminating norms, with full awareness of their particular structure and function.

SKILLS
Competence to set and resolve - with regard to the protection areas studied - the problem of criminal law and of the correct legal characterization of the facts; ability to independently acquire knowledge and therefore properly set similar problems also with reference to the special part of the areas not covered by the program. Ability to process and verify the validity of the reasoning aimed at supporting various arguments and interpretative options

Knowledge about the nature and content of the special part of the criminal law

Students must have passed the following exams: Constitutional law I; Private law I;
Criminal law I

Costitutional Law; Private Law I;

Classes are taught mainly through lectures, but also through the discussion of case law. Students are constantly encouraged to express their opinions and to compare what they already know with the new knowledge acquired.
A specific seminar will be organized to explain the functioning of the main juridical databases for the bibliographic research.

Lectures, seminars and conferences. Classes are usually very intractive. The active participation of students is very welcome

For the assignment of the degree theses in "Criminal Law II" priority will be given to the students attending. To this end, the study plan should include the following courses: diritto penale avanzato, diritto penale comparato; criminologia, diritto delle prove penali e diritto dell'esecuzione penale

Availability to supervise final thesis considers, as a priority, attendance to classes

There is an oral examination designed to measure the knowledge of the entire program (introduction to the special section of criminal law, crimes against the person and economic criminal law). Specifically, the student will be asked, by each examination committee, two questions: one related to the program of crimes against the person; the second in relation to the economic criminal law program. The committee will express on each of the two questions a separate assessment that will take into account the correctness, completeness and clarity of the presentation. This evaluation will be immediately announced to the student. In any case, a third question will always be directed by the theacher, on the basis of the same criteria. The final evaluation will be the average of the different evaluations.
The teacher may ask a fourth question when the previous answers leave a margin of doubt about the evaluation to be assigned, for example because of a significant difference in the evaluation of the previous answers. The candidate can read, explain and comment the Penal Code.

Oral Exam. It will consist, as a starting step, of 3 broad questions. A deeper and more detalied discussion on each of them will follow

The course is divided into two parts:
1) Crimes against the human being (arts. 575-623 criminal code, with the exception of individual crimes of child pornography (arts.
600 ter to 600 quater criminal code), the dispositions of the arts 600 septies, septies 1, septies 2, and the criminal offence of insult (art. 594 c.p.);
2) Economic criminal law (arts. 2621, 2622, 2627, 2629 bis, 2634, 2639 civil code
and d.lgs. n. 231/2001)

The program includes 3 parts:
1) The special part of the Criminal Law: notion, contents, structure;
2) Crimes against the person;
3) Crimes against property