Giurisprudenza | Criminal Procedure

cod. 0160100087

CRIMINAL PROCEDURE

	0160100087
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2017/2018

PERCORSO COMUNE

	OBBLIGATORIO
	YEAR OF COURSE 4
	YEAR OF DIDACTIC SYSTEM 2012
	ANNUALE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/16	14	126	LESSONS	COMPULSORY SUBJECTS, CHARACTERISTIC OF THE CLASS

PROFESSORS

	FELICE PIER CARLO IOVINO T Curriculum
	ANGELO ALESSANDRO SAMMARCO Curriculum

	Objectives
	LET THE STUDENT KNOWLEDGE ON THE EXERCISE OF INVESTIGATIVE POWERS, COURTS AND DEFENSIVE OPERATING OVER THE ENTIRE CRIMINAL PROCEEDINGS AT FIRST INSTANCE AND ON THE REQUIREMENTS RELATED TO THE USE OF CRIMINAL APPEALS AND ENFORCEMENT JURISDICTION. KNOWLEDGE AND UNDERSTANDING THE COURSE AIMS TO ACHIEVE: GENERAL COMPLEX ARTICULATION KNOWLEDGE OF THE CRIMINAL PROCEEDINGS AND THE REASONS DECISIVE PHASE SEPARATION, PROCEDURAL AND PROCEDURAL; ABILITY TO UNDERSTAND THE LEVEL OF IMPLEMENTATION OF THE FUNDAMENTAL GUARANTEES CONNOTING THE "DUE PROCESS" IN THE CURRENT CRIMINAL JUSTICE SYSTEM; APPLYING KNOWLEDGE AND UNDERSTANDING ABILITY TO ANALYZE THE AWARENESS CODICISTICHE SOLUTIONS IN RELATION TO THE NEED TO BALANCE BETWEEN CONFLICTING INTERESTS, ALL OF WHICH IS CONSTITUTIONAL; ACQUISITION OF AN ARGUMENTATIVE METHOD SUITABLE TO DEVELOP ANALYTICAL SKILLS TO SOLVE COMPLEX SITUATIONS IN CONTEXTS OF STUDY AND WORK; ABILITY TO IDENTIFY AND CRITICALLY INTERPRET THE COMPLEX LEGAL FRAMEWORK OF REFERENCE IN THE SPECIFIC FIELD OF STUDY; ABILITY TO COMMUNICATE WITHIN THE UNIVERSITY COMMUNITY AND THE SOCIAL INFORMATION, QUESTIONS AND POSSIBLE SOLUTIONS IN THE SPECIFIC DISCIPLINARY FIELD WITH TECHNICAL LANGUAGE PROPERTIES AND GOOD ARTICULATION OF THOUGHT; ACQUISITION OF NORMATIVE SOURCES AND THE RAISON D'ETRE OF THE PROCEDURAL INSTITUTIONS AS WELL AS THE NECESSARY LEARNING SKILLS TO FURTHER ENRICH THE PROCEDURAL SKILLS ACQUIRED, IN ORDER TO ALSO USE THEM FOR THE DEEPENING OF THE OTHER TEACHINGS OF THE COURSE OF STUDY.

LET THE STUDENT KNOWLEDGE ON THE EXERCISE OF INVESTIGATIVE POWERS, COURTS AND DEFENSIVE OPERATING OVER THE ENTIRE CRIMINAL PROCEEDINGS AT FIRST INSTANCE AND ON THE REQUIREMENTS RELATED TO THE USE OF CRIMINAL APPEALS AND ENFORCEMENT JURISDICTION.

KNOWLEDGE AND UNDERSTANDING
THE COURSE AIMS TO ACHIEVE:
GENERAL COMPLEX ARTICULATION KNOWLEDGE OF THE CRIMINAL PROCEEDINGS AND THE REASONS DECISIVE PHASE SEPARATION, PROCEDURAL AND PROCEDURAL; ABILITY TO UNDERSTAND THE LEVEL OF IMPLEMENTATION OF THE FUNDAMENTAL GUARANTEES CONNOTING THE "DUE PROCESS" IN THE CURRENT CRIMINAL JUSTICE SYSTEM;

APPLYING KNOWLEDGE AND UNDERSTANDING
ABILITY TO ANALYZE THE AWARENESS CODICISTICHE SOLUTIONS IN RELATION TO THE NEED TO BALANCE BETWEEN CONFLICTING INTERESTS, ALL OF WHICH IS CONSTITUTIONAL; ACQUISITION OF AN ARGUMENTATIVE METHOD SUITABLE TO DEVELOP ANALYTICAL SKILLS TO SOLVE COMPLEX SITUATIONS IN CONTEXTS OF STUDY AND WORK;
ABILITY TO IDENTIFY AND CRITICALLY INTERPRET THE COMPLEX LEGAL FRAMEWORK OF REFERENCE IN THE SPECIFIC FIELD OF STUDY;
ABILITY TO COMMUNICATE WITHIN THE UNIVERSITY COMMUNITY AND THE SOCIAL INFORMATION, QUESTIONS AND POSSIBLE SOLUTIONS IN THE SPECIFIC DISCIPLINARY FIELD WITH TECHNICAL LANGUAGE PROPERTIES AND GOOD ARTICULATION OF THOUGHT;
ACQUISITION OF NORMATIVE SOURCES AND THE RAISON D'ETRE OF THE PROCEDURAL INSTITUTIONS AS WELL AS THE NECESSARY LEARNING SKILLS TO FURTHER ENRICH THE PROCEDURAL SKILLS ACQUIRED, IN ORDER TO ALSO USE THEM FOR THE DEEPENING OF THE OTHER TEACHINGS OF THE COURSE OF STUDY.

	Prerequisites
	PRELIMINARY EXAMINATION OF CONSTITUTIONAL LAW. IT POINTS OUT THE OPPORTUNITY TO ACQUIRE BASIC KNOWLEDGE OF CRIMINAL LAW

	Contents
	THE CRIMINAL PROCESS: OVERVIEW AND HISTORICAL MODELS. THE CODE OF 1930. GARANTISMO INQUISITORIAL AND THE BIRTH OF THE CODE OF 1988 CRIMINAL AND CONSTITUTION THE ROAD TO THE RIGHT PROCESS: THE DIFFICULT PROTECTION OF FUNDAMENTAL RIGHTS BETWEEN ENERGY REGULATORY SUPRANATIONAL, DECISIONS OF THE CONSTITUTIONAL COURT AND LEGISLATIVE MEASURES THE SUBJECTS: THE JUDGE; THE PROSECUTOR; THE ACCUSED THE DEFENDER; THE PERSON OFFENSE / DAMAGED. PROCEDURE AND PROCESS THE PRELIMINARY INVESTIGATION: THE PHASES ARCHIVING THE EXERCISE OF CRIMINAL THE PRELIMINARY HEARING PERSONAL LIBERTY: ARTICLE 13 CONSTITUTION AND THE VOID OF THE PURPOSES OF THE LIMITATIONS OF PERSONAL FREEDOM PRECAUTELARI MEASURES PERSONAL PRECAUTIONARY MEASURES PRECAUTIONARY MEASURES REAL THE APPLICATION PROCEDURE OF THE PRECAUTIONARY MEASURES THE APPEALS JUDGING THE ORDINARY GENERAL PRINCIPLES OF HEARING ACTS PRELIMINARY HEARING; THE INTRODUCTION OF TESTING AND EDUCATION ARGUMENT THE HEARING; THE JUDGING RULES THE SENTENCE. SPECIAL PROCEDURES: JUDGEMENT STATEMENTS; APPLICATION OF THE PENALTY ON REQUEST OF THE PARTIES; DECREE OF THE CRIMINAL CONVICTION; JUDGEMENT DIRECT WAY; JUDGING THE IMMEDIATE. THE DISABILITY OF THE DOCUMENTS PRINCIPLE OBLIGATORY NATURE AND SPECIES THE NERD. THE APPEALS GENERAL PRINCIPLES THE SYSTEM OF APPEALS ORDINARY THE APPEAL THE APPEAL IN CASSATION IRREVOCABILITY JUDGMENT AND JUDGED; THE PRINCIPLE OF NE BIS IN IDEM EXTRAORDINARY APPEALS: REVISION; THE EXTRAORDINARY APPEAL FOR ERROR OF FACT OR MATERIAL; THE TERMINATION OF JUDGED. THE EXECUTIVE PHASE. THE PROCEDURE OF EXECUTION AND MONITORING

Contents

THE CRIMINAL PROCESS: OVERVIEW AND HISTORICAL MODELS.
THE CODE OF 1930.
GARANTISMO INQUISITORIAL AND THE BIRTH OF THE CODE OF 1988
CRIMINAL AND CONSTITUTION
THE ROAD TO THE RIGHT PROCESS: THE DIFFICULT PROTECTION OF FUNDAMENTAL RIGHTS BETWEEN ENERGY REGULATORY SUPRANATIONAL, DECISIONS OF THE CONSTITUTIONAL COURT AND LEGISLATIVE MEASURES

THE SUBJECTS:
THE JUDGE;
THE PROSECUTOR;
THE ACCUSED
THE DEFENDER;
THE PERSON OFFENSE / DAMAGED.

PROCEDURE AND PROCESS

THE PRELIMINARY INVESTIGATION: THE PHASES
ARCHIVING
THE EXERCISE OF CRIMINAL
THE PRELIMINARY HEARING
PERSONAL LIBERTY:
ARTICLE 13 CONSTITUTION AND THE VOID OF THE PURPOSES OF THE LIMITATIONS OF PERSONAL FREEDOM
PRECAUTELARI MEASURES
PERSONAL PRECAUTIONARY MEASURES
PRECAUTIONARY MEASURES REAL
THE APPLICATION PROCEDURE OF THE PRECAUTIONARY MEASURES
THE APPEALS

JUDGING THE ORDINARY
GENERAL PRINCIPLES OF HEARING
ACTS PRELIMINARY HEARING;
THE INTRODUCTION OF TESTING AND EDUCATION ARGUMENT
THE HEARING;
THE JUDGING RULES
THE SENTENCE.

SPECIAL PROCEDURES:
JUDGEMENT STATEMENTS;
APPLICATION OF THE PENALTY ON REQUEST OF THE PARTIES;
DECREE OF THE CRIMINAL CONVICTION;
JUDGEMENT DIRECT WAY;
JUDGING THE IMMEDIATE.

THE DISABILITY OF THE DOCUMENTS PRINCIPLE OBLIGATORY NATURE AND SPECIES
THE NERD.

THE APPEALS GENERAL PRINCIPLES
THE SYSTEM OF APPEALS ORDINARY
THE APPEAL
THE APPEAL IN CASSATION
IRREVOCABILITY JUDGMENT AND JUDGED; THE PRINCIPLE OF NE BIS IN IDEM

EXTRAORDINARY APPEALS:
REVISION;
THE EXTRAORDINARY APPEAL FOR ERROR OF FACT OR MATERIAL;
THE TERMINATION OF JUDGED.

THE EXECUTIVE PHASE.
THE PROCEDURE OF EXECUTION AND MONITORING

	Teaching Methods
	.LESSONS WILL TAKE PLACE IN THE FIRST AND SECOND SEMESTER . THE PURPOSE OF BETTER UNDERSTANDING OF THE LEGAL AND PROCEDURAL PROBLEMS TREATED , EACH LESSON OF INSTITUTIONAL CHARACTER WILL BE FOLLOWED BY A PARTICULAR LESSON DEDICATED TO AN PRACTICE OF APPLICATION , OF DYNAMICS IN JUDICIAL AND INTERPRETATION OF THE MOST RECENT DEVELOPMENTS

	Verification of learning
	FINAL ORAL EXAMINATION. EXAMINATION OF EVALUATION CRITERIA WILL BE: 1) ABILITY TO DEVELOP COMPLEX TEXT; 2) ABILITY TO EXPRESS THEMSELVES CLEARLY AND WITH APPROPRIATE LANGUAGE; 3) ABILITY TO PROVIDE A COORDINATED AND SYSTEMATIC READING OF PROCEDURAL INSTITUTIONS TREATED IN THE BROADER REGULATORY FRAMEWORK; 4) ABILITY TO BRING THEIR ARGUMENTS TO THE CORRECT IDENTIFICATION OF THE FUNCTIONS AND RELATED CRITERIA OF LEGITIMACY AND FUNDAMENTAL GUARANTEES PROTECTED. FOR ATTENDING STUDENTS WILL TAKE WELL INTO ACCOUNT THE ACTIVE PARTICIPATION IN ALL THE PLANNED TRAINING ACTIVITIES AND THE RESULTS ACHIEVED IN THE TESTS "ELAPSED", CONSISTING IN THE PREPARATION OF PROCESSED AND / OR ACTS ON THE PART OF THE PROGRAM TOOK PLACE.

Verification of learning

FINAL ORAL EXAMINATION. EXAMINATION OF EVALUATION CRITERIA WILL BE:
1) ABILITY TO DEVELOP COMPLEX TEXT;
2) ABILITY TO EXPRESS THEMSELVES CLEARLY AND WITH APPROPRIATE LANGUAGE;
3) ABILITY TO PROVIDE A COORDINATED AND SYSTEMATIC READING OF PROCEDURAL INSTITUTIONS TREATED IN THE BROADER REGULATORY FRAMEWORK;
4) ABILITY TO BRING THEIR ARGUMENTS TO THE CORRECT IDENTIFICATION OF THE FUNCTIONS AND RELATED CRITERIA OF LEGITIMACY AND FUNDAMENTAL GUARANTEES PROTECTED.
FOR ATTENDING STUDENTS WILL TAKE WELL INTO ACCOUNT THE ACTIVE PARTICIPATION IN ALL THE PLANNED TRAINING ACTIVITIES AND THE RESULTS ACHIEVED IN THE TESTS "ELAPSED", CONSISTING IN THE PREPARATION OF PROCESSED AND / OR ACTS ON THE PART OF THE PROGRAM TOOK PLACE.

	Texts
	.A.A.DALIA- M. FERRAIOLI, MANUALE DI DIRITTO PROCESSUALE PENALE; VIII ED., PADOVA, 2016 OPPURE ALTRO MANUALE, A SCELTA DELLO STUDENTE, PURCHÉ AGGIORNATO.