Giurisprudenza | PRINCIPLES OF CRIMINAL LAW AND CRIMINAL PROCEDURE

cod. 0160100073

PRINCIPLES OF CRIMINAL LAW AND CRIMINAL PROCEDURE

	0160100073
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2018/2019

PERCORSO COMUNE

	YEAR OF DIDACTIC SYSTEM 2012
	SECONDO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/16	8	72	LESSONS	SUPPLEMENTARY COMPULSORY SUBJECTS

	Objectives
	.THE COURSE PERSECTS THE OBJECTIVE TO PROVIDE KNOWLEDGE: OF CHARACTERISTICS, OF FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW AND OF THE CRIMINAL PROCEDURE, AND OF THE CORRECT METHODOLOGY FOR THE SOLUTION OF THE PROBLEMS OF THE GENERAL THEORY OF THE CRIME; OF THE PRINCIPLES OF GENERAL THEORY OF THE CRIME AND OF THE FUNDAMENTAL INSTITUTIONS OF THE GENERAL AND SPECIAL SECTION OF CRIMINAL LAW, WITH ATTENTION TO THE SOURCE AND TO THE EUROPEAN REGULATIONS; OF THE EXERCISE OF THE INVESTIGATIVE, JURISDICTIONAL AND DEFENSIVE FUNCTIONS OPERATING IN THE ARCH OF THE ENTIRE CRIMINAL PROCEDURE AND THE NEEDS RELATED TO THE APPLICATION TO THE PENALYMES AND THE EXECUTIVE JURISDICTION. GIVING AWARENESS OF THE COMPLEX ARTICLE OF THE CRIMINAL PROCEDURE AND OF THE REASONS DETERMINING THE SEPARATION OF THE PHASES, PROCEDIMENTAL AND PROCESSUAL, AND UNDERSTANDING THE LEVEL OF IMPLEMENTATION OF THE FUNDAMENTAL GUARANTEES CONNECTING THE "RIGHT PROCESS" IN THE CURRENT PENAL PROCESS SYSTEM; ANALYZING AND APPLYING WITH CONSCIOUSNESS THE SOLUTIONS OF THE CRIMINAL CODE, CRIMINAL PROCEDURE AND THE PRINCIPAL SPECIAL LEGISLATION IN FORCE, ALSO WITH REFERENCE TO THE EUROPEAN ORDER, IN THE FRAMEWORK OF THE CONSTITUTIONAL GUIDELINES, AVAILABLE OF THE ACQUIRED KNOWLEDGE OF THE GENERAL, CRIMINAL AND PROCESSUAL THEORY CRIMINAL, AND DEVELOPED EXECETIVE CAPACITIES FOR THE PURPOSES OF THE CORRECT LEGAL CASE OF BASIC CASE AND RESOLUTION BY SYSTEMATIC APPLICATION PROBLEMS. ACQUIRING AN ARGUMENT METHOD AND ABILITY TO COMMUNICATE TO A PUBLIC OF NON SPECIALISTS INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC FIELD DISCIPLINATE WITH LANGUAGE PROPERTIES AND GOOD THOUGHT ARTICULATION

.THE COURSE PERSECTS THE OBJECTIVE TO PROVIDE KNOWLEDGE:
OF CHARACTERISTICS, OF FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW AND OF THE CRIMINAL PROCEDURE, AND OF THE CORRECT METHODOLOGY FOR THE SOLUTION OF THE PROBLEMS OF THE GENERAL THEORY OF THE CRIME; OF THE PRINCIPLES OF GENERAL THEORY OF THE CRIME AND OF THE FUNDAMENTAL INSTITUTIONS OF THE GENERAL AND SPECIAL SECTION OF CRIMINAL LAW, WITH ATTENTION TO THE SOURCE AND TO THE EUROPEAN REGULATIONS; OF THE EXERCISE OF THE INVESTIGATIVE, JURISDICTIONAL AND DEFENSIVE FUNCTIONS OPERATING IN THE ARCH OF THE ENTIRE CRIMINAL PROCEDURE AND THE NEEDS RELATED TO THE APPLICATION TO THE PENALYMES AND THE EXECUTIVE JURISDICTION. GIVING AWARENESS OF THE COMPLEX ARTICLE OF THE CRIMINAL PROCEDURE AND OF THE REASONS DETERMINING THE SEPARATION OF THE PHASES, PROCEDIMENTAL AND PROCESSUAL, AND UNDERSTANDING THE LEVEL OF IMPLEMENTATION OF THE FUNDAMENTAL GUARANTEES CONNECTING THE "RIGHT PROCESS" IN THE CURRENT PENAL PROCESS SYSTEM; ANALYZING AND APPLYING WITH CONSCIOUSNESS THE SOLUTIONS OF THE CRIMINAL CODE, CRIMINAL PROCEDURE AND THE PRINCIPAL SPECIAL LEGISLATION IN FORCE, ALSO WITH REFERENCE TO THE EUROPEAN ORDER, IN THE FRAMEWORK OF THE CONSTITUTIONAL GUIDELINES, AVAILABLE OF THE ACQUIRED KNOWLEDGE OF THE GENERAL, CRIMINAL AND PROCESSUAL THEORY CRIMINAL, AND DEVELOPED EXECETIVE CAPACITIES FOR THE PURPOSES OF THE CORRECT LEGAL CASE OF BASIC CASE AND RESOLUTION BY SYSTEMATIC APPLICATION PROBLEMS. ACQUIRING AN ARGUMENT METHOD AND ABILITY TO COMMUNICATE TO A PUBLIC OF NON SPECIALISTS INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC FIELD DISCIPLINATE WITH LANGUAGE PROPERTIES AND GOOD THOUGHT ARTICULATION

	Prerequisites
	COSTITUTIONAL LAW

	Contents
	PART ONE 36 HOURS LESSON AND TUTORIALS CRIMINAL LAW AND PROCESS (TYPES, SYSTEMS) THE SOURCES THE PRINCIPLES AND GUARANTEES: 1) NULLUM CRIMEN, NULLA POENA SINE LEGE (CRIMINAL LAW, JURISDICTION) 2) NULLUM CRIMEN SINE ACTIONE (CONDUCT, EVENT, CAUSALITY, METHODS OF ASSESSMENT, CONTRADICTORY) 3) NULLUM CRIMEN SINE INIURIA (LEGAL OBJECT, PASSIVE SUBJECT, DISCRIMINATING, SUBJECTS OF THE TRIAL) 4) NULLUM CRIMEN SINE CULPA (MALICE, FAULT, PRETERINTENTION, PROCEDURAL CAPACITY) SECOND PART 36 HOURS LESSON AND TUTORIALS PROTECTION OF LIBERTIES AND DEFENSE AGAINST CRIME 1) PREVENTION MEASURES 2) THE PRECAUTELARY MEASURES 3) THE PRECAUTIONARY MEASURES 4) THE PENALTY 5) SUBSTITUTE SANCTIONS 6) ALTERNATIVE MEASURES 7) SECURITY MEASURES

Contents

PART ONE 36 HOURS LESSON AND TUTORIALS
CRIMINAL LAW AND PROCESS (TYPES, SYSTEMS)
THE SOURCES
THE PRINCIPLES AND GUARANTEES:
1) NULLUM CRIMEN, NULLA POENA SINE LEGE (CRIMINAL LAW, JURISDICTION)
2) NULLUM CRIMEN SINE ACTIONE (CONDUCT, EVENT, CAUSALITY, METHODS OF ASSESSMENT, CONTRADICTORY)
3) NULLUM CRIMEN SINE INIURIA (LEGAL OBJECT, PASSIVE SUBJECT, DISCRIMINATING, SUBJECTS OF THE TRIAL)
4) NULLUM CRIMEN SINE CULPA (MALICE, FAULT, PRETERINTENTION, PROCEDURAL CAPACITY)

SECOND PART 36 HOURS LESSON AND TUTORIALS

PROTECTION OF LIBERTIES AND DEFENSE AGAINST CRIME
1) PREVENTION MEASURES
2) THE PRECAUTELARY MEASURES
3) THE PRECAUTIONARY MEASURES
4) THE PENALTY
5) SUBSTITUTE SANCTIONS
6) ALTERNATIVE MEASURES
7) SECURITY MEASURES

	Teaching Methods
	THE COURSE CONSISTS OF 74 HOURS BETWEEN LECTURES AND ACTIVITIES SEMINARS . THE COURSE IS DESIGNED TO STUDENTS ATTENDING REGULARLY . STUDENTS WHO CAN NOT ATTEND WILL SEEK THE TEACHER FOR EXPLANATION AND CLARIFICATION . THE FREQUENCY IS FREE

	Verification of learning
	ORAL FINAL EXAM, TAKING ACCOUNT OF THE ACTIVE PARTICIPATION IN THE LESSONS AND OF THE CONTESTUAL READING OF THE DISTRIBUTED DIDACTIC MATERIAL. DURING THE LAST WEEK OF THE COURSE THE ATTENDING STUDENTS WILL BE ABLE TO SUPPORT ONE OR MORE TESTS OF PARTIAL OR TOTAL ORAL VERIFICATION, EXEMPTION OF EXAM. FINAL ORAL EXAM. EVALUATION CRITERIA OF THE EXAMINATION WILL BE: 1) KNOWLEDGE AND UNDERSTANDING ABILITY 2) THE ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING 3) THE JUDGMENT AUTONOMY, OR THE CAPACITY OF CRITICAL SENSE AND JUDICIAL FORMULATION 4) THE ABILITY OF COMMUNICATION STUDENTS WHO SUPPORTED CRIMINAL LAWS AND CRIMINAL PROCEDURE WILL ONLY BE CONFER ON THE SECOND PART OF THE PROGRAM THE EXAMINATION IS EXCEEDED WHEN THE VOTE IS GREATER OR MORE THAN 18. THE MINIMUM EVALUATION LEVEL IS ATTRIBUTED WHEN THE STUDENT HAS A FRAGMENTARY KNOWLEDGE OF THEORETICAL CONTENT OR EXHIBIT A LIMITED CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE MAXIMUM LEVEL 30, IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND DEEPENING KNOWLEDGE OF THEORETICAL CONTENT OR SHOW A NOTABLE CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE CONTEXT OF STUDY. LA LODE IS ATTRIBUTED WHEN THE CANDIDATE DEMONSTRATE SIGNIFICANT MASTERY OF THEORETICAL AND OPERATIVE CONTENT AND EXHIBITS TO KNOW TO PRESENT THE TOPICS WITH REMARKABLE LANGUAGE PROPERTIES AND ABILITY OF AUTONOMOUS ELABORATION ALSO IN CONTEXTS OTHER THAN THOSE PROPOSED BY THE TEACHER.

Verification of learning

ORAL FINAL EXAM, TAKING ACCOUNT OF THE ACTIVE PARTICIPATION IN THE LESSONS AND OF THE CONTESTUAL READING OF THE DISTRIBUTED DIDACTIC MATERIAL. DURING THE LAST WEEK OF THE COURSE THE ATTENDING STUDENTS WILL BE ABLE TO SUPPORT ONE OR MORE TESTS OF PARTIAL OR TOTAL ORAL VERIFICATION, EXEMPTION OF EXAM. FINAL ORAL EXAM. EVALUATION CRITERIA OF THE EXAMINATION WILL BE: 1) KNOWLEDGE AND UNDERSTANDING ABILITY 2) THE ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING 3) THE JUDGMENT AUTONOMY, OR THE CAPACITY OF CRITICAL SENSE AND JUDICIAL FORMULATION 4) THE ABILITY OF COMMUNICATION
STUDENTS WHO SUPPORTED CRIMINAL LAWS AND CRIMINAL PROCEDURE WILL ONLY BE CONFER ON THE SECOND PART OF THE PROGRAM
THE EXAMINATION IS EXCEEDED WHEN THE VOTE IS GREATER OR MORE THAN 18.
THE MINIMUM EVALUATION LEVEL IS ATTRIBUTED WHEN THE STUDENT HAS A FRAGMENTARY KNOWLEDGE OF
THEORETICAL CONTENT OR EXHIBIT A LIMITED CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT.
THE MAXIMUM LEVEL 30, IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND DEEPENING KNOWLEDGE
OF THEORETICAL CONTENT OR SHOW A NOTABLE CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE CONTEXT OF
STUDY.
LA LODE IS ATTRIBUTED WHEN THE CANDIDATE DEMONSTRATE SIGNIFICANT MASTERY OF THEORETICAL AND OPERATIVE CONTENT AND EXHIBITS TO KNOW TO PRESENT THE TOPICS WITH REMARKABLE LANGUAGE PROPERTIES AND ABILITY OF
AUTONOMOUS ELABORATION ALSO IN CONTEXTS OTHER THAN THOSE PROPOSED BY THE TEACHER.

	Texts
	GLI ARGOMENTI POSSONO ESSERE E TRATTI DA: FIANDACA MUSCO, DIRITTO PENALE. PARTE GENERALE, ZANICHELLI EDITORE, BOLOGNA , ULTIMA EDIZIONE A.A. DALIA, M.FERRAIOLI, MANUALE DI DIRITTO PROCESSUALE PENALE, CEDAM PADOVA ULTIMA EDIZIONE IN ALTERNATIVA FIORE -FIORE, DIRITTO PENALE. PARTE GENERALE, UTET, TORINO ULTIMA EDIZIONE. TONINI MANUALE DI PROCEDURA PENALE, GIUFFRÈ, MILANO ULTIMA EDIZIONE OTHER MANUALS CHOSEN BY THE STUDENT

Texts

GLI ARGOMENTI POSSONO ESSERE E TRATTI DA:
FIANDACA MUSCO, DIRITTO PENALE. PARTE GENERALE, ZANICHELLI EDITORE, BOLOGNA , ULTIMA EDIZIONE

A.A. DALIA, M.FERRAIOLI, MANUALE DI DIRITTO PROCESSUALE PENALE, CEDAM PADOVA ULTIMA EDIZIONE

IN ALTERNATIVA

FIORE -FIORE, DIRITTO PENALE. PARTE GENERALE, UTET, TORINO ULTIMA EDIZIONE.
TONINI MANUALE DI PROCEDURA PENALE, GIUFFRÈ, MILANO ULTIMA EDIZIONE

OTHER MANUALS CHOSEN BY THE STUDENT