Giurisprudenza | CRIMINAL LAW - SPECIAL PART/SPECIFIC CRIMES

cod. 0160100121

CRIMINAL LAW - SPECIAL PART/SPECIFIC CRIMES

	0160100121
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2021/2022

PERCORSO UNIQUE CURRICULUM

	OBBLIGATORIO
	YEAR OF COURSE 5
	YEAR OF DIDACTIC SYSTEM 2012
	AUTUMN SEMESTER

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/17	6	54	LESSONS	COMPULSORY SUBJECTS, CHARACTERISTIC OF THE CLASS

	Objectives
	THE TEACHING IS INTENDED TO PROVIDE STUDENTS WITH A GENERAL FRAMEWORK OF THE SPECIAL PART OF CRIMINAL LAW, EVEN IN RELATION TO THE GENERAL PART. STARTING FROM A CONCEPTUAL DEFINITION, SPECIAL CLASSIFICATION AND TYPING TECHNIQUES WILL BE ANALYSED. THROUGH THE AXIOLOGICAL ORIENTED TELEOLOGICAL METHOD, THE COURSE WILL OFFER A RENEWED READING OF THE THEORY OF OFFENSE AND OF THE SPECIAL PARTICULAR CASES OF THE CRIMINAL CODE, WITH ATTENTION TO SOURCES AND REGULATIONS EVEN EUROPEAN AND INTERNATIONAL. IN THIS WAY, THE STUDENT WILL UNDERSTAND THE CHARACTERISTICS, THE CONTENT AND THE MEANING OF THE FUNDAMENTAL PRINCIPLES OF THE SPECIAL CRIMINAL LAW. THE RESULTS THAT THE COURSE INTENDS TO PURSUE INCLUDE: A) KNOWLEDGE AND UNDERSTANDING THE STUDENT WILL HAVE OBTAINED THE TOOLS FOR: - A CRITICAL EVALUATION OF THE PENAL SYSTEM BASED ON CONSTITUTIONAL PRINCIPLES IN CRIMINAL MATTERS; - TO ORIENT, WITHIN THE LIMITS OF THE SAME PRINCIPLES, THE INTERPRETATION OF THE PENAL RULES. THE STUDENT WILL ALSO HAVE ACHIEVED A COMPLETE LEGAL TRAINING, AS WELL AS ADEQUATE KNOWLEDGE AND UNDERSTANDING OF THE CRIMINAL LAW SYSTEM OF CONTROL, IN THE DEEPENING OF PRIMARY AND SECONDARY SELECTION TECHNIQUES AS A FILTER NECESSARY FOR A CRITICAL KNOWLEDGE ON THE HERMENEUTIC AND LEGISLATIVE LEVEL. B) ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING ABILITY TO ANALYSE LEGAL INSTITUTIONS IN A DIMENSION THAT, BETWEEN BEING AND HAVING TO BE, IS CAPABLE OF ORGANIZING THE OVERALL SYSTEM OF CRIMINAL JUSTICE ACCORDING TO RATIONALITY CRITERIA. ACQUISITION AND MASTERY OF CRITICAL TOOLS FOR THE CONSTRUCTION OF A LOGICAL LEGAL PATH CAPABLE OF PROVIDING USEFUL TOOLS FOR THE EXAMINATION OF COMPLEX SITUATIONS IN STUDY AND PROFESSIONAL CONTEXTS. C) TRANSVERSAL SKILLS AUTONOMY OF JUDGMENT: ABILITY TO COLLECT AND CRITICALLY INTERPRET COMPLEX DATA AND INFORMATION IN THE SPECIFIC FIELD OF STUDY. COMMUNICATION SKILLS: ABILITY TO COMMUNICATE TO AN AUDIENCE OF NON-SPECIALISTS’ INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC DISCIPLINARY FIELD, WITH PROPERTIES OF LANGUAGE AND GOOD ARTICULATION OF THOUGHT. LEARNING SKILLS: ACQUISITION OF THE REFERENCES, TOOLS AND LEARNING SKILLS NECESSARY TO FURTHER ENRICH THE LEGAL SKILLS ACQUIRED IN THIS COURSE AND TO APPLY THESE SKILLS ALSO TO OTHER COURSES OF THE COURSE OF STUDY.

THE TEACHING IS INTENDED TO PROVIDE STUDENTS WITH A GENERAL FRAMEWORK OF THE SPECIAL PART OF CRIMINAL LAW, EVEN IN RELATION TO THE GENERAL PART. STARTING FROM A CONCEPTUAL DEFINITION, SPECIAL CLASSIFICATION AND TYPING TECHNIQUES WILL BE ANALYSED. THROUGH THE AXIOLOGICAL ORIENTED TELEOLOGICAL METHOD, THE COURSE WILL OFFER A RENEWED READING OF THE THEORY OF OFFENSE AND OF THE SPECIAL PARTICULAR CASES OF THE CRIMINAL CODE, WITH ATTENTION TO SOURCES AND REGULATIONS EVEN EUROPEAN AND INTERNATIONAL.
IN THIS WAY, THE STUDENT WILL UNDERSTAND THE CHARACTERISTICS, THE CONTENT AND THE MEANING OF THE FUNDAMENTAL PRINCIPLES OF THE SPECIAL CRIMINAL LAW.
THE RESULTS THAT THE COURSE INTENDS TO PURSUE INCLUDE:

A) KNOWLEDGE AND UNDERSTANDING

THE STUDENT WILL HAVE OBTAINED THE TOOLS FOR:
- A CRITICAL EVALUATION OF THE PENAL SYSTEM BASED ON CONSTITUTIONAL PRINCIPLES IN CRIMINAL MATTERS;
- TO ORIENT, WITHIN THE LIMITS OF THE SAME PRINCIPLES, THE INTERPRETATION OF THE PENAL RULES.

THE STUDENT WILL ALSO HAVE ACHIEVED A COMPLETE LEGAL TRAINING, AS WELL AS ADEQUATE KNOWLEDGE AND UNDERSTANDING OF THE CRIMINAL LAW SYSTEM OF CONTROL, IN THE DEEPENING OF PRIMARY AND SECONDARY SELECTION TECHNIQUES AS A FILTER NECESSARY FOR A CRITICAL KNOWLEDGE ON THE HERMENEUTIC AND LEGISLATIVE LEVEL.

B) ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING

ABILITY TO ANALYSE LEGAL INSTITUTIONS IN A DIMENSION THAT, BETWEEN BEING AND HAVING TO BE, IS CAPABLE OF ORGANIZING THE OVERALL SYSTEM OF CRIMINAL JUSTICE ACCORDING TO RATIONALITY CRITERIA.

ACQUISITION AND MASTERY OF CRITICAL TOOLS FOR THE CONSTRUCTION OF A LOGICAL LEGAL PATH CAPABLE OF PROVIDING USEFUL TOOLS FOR THE EXAMINATION OF COMPLEX SITUATIONS IN STUDY AND PROFESSIONAL CONTEXTS.

C) TRANSVERSAL SKILLS

AUTONOMY OF JUDGMENT: ABILITY TO COLLECT AND CRITICALLY INTERPRET COMPLEX DATA AND INFORMATION IN THE SPECIFIC FIELD OF STUDY.

COMMUNICATION SKILLS: ABILITY TO COMMUNICATE TO AN AUDIENCE OF NON-SPECIALISTS’ INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC DISCIPLINARY FIELD, WITH PROPERTIES OF LANGUAGE AND GOOD ARTICULATION OF THOUGHT.

LEARNING SKILLS: ACQUISITION OF THE REFERENCES, TOOLS AND LEARNING SKILLS NECESSARY TO FURTHER ENRICH THE LEGAL SKILLS ACQUIRED IN THIS COURSE AND TO APPLY THESE SKILLS ALSO TO OTHER COURSES OF THE COURSE OF STUDY.

	Prerequisites
	NO PREREQUISITES. KNOWLEDGE OF BASIC PHILOSOPHICAL, PRIVATE, CONSTITUTIONAL AND CRIMINAL MATTERS AND BASIC KNOWLEDGE OF CIVIC AND SOCIAL STRUCTURE IS RECOMMENDED.

	Contents
	- INTRODUCTION TO THE SPECIAL PART OF CRIMINAL LAW (4 HOURS OF LESSONS) CONCEPT OF SPECIAL PART; DRAFTING TECHNIQUES OF THE OFFENDING CASE; CLASSIFICATION OF CRIMES; INTERPRETATION OF THE SPECIAL PART RULES. - CRIMES OF PUBLIC OFFICIALS AGAINST THE PUBLIC ADMINISTRATION - GENERAL NOTIONS (4 HOURS OF LESSONS) THE 1990 REFORM (LAW NO. 86/1990); THE 2012 REFORM (LAW NO. 190/2012); THE 2019 REFORM (LAW NO. 3/2019); SUBJECTIVE QUALIFICATIONS. - THE CRIME OF ABUSE OF OFFICE. CRITICAL PROFILES AND REFORM PERSPECTIVES (6H LESSON) - ASSOCIATION CRIME AND ORGANISATION (10H LESSON) THE COURSE ALSO INCLUDES THEMATIC IN-DEPTH MODULES ON CURRENT TOPICS AND PROBLEMS, SUCH AS: -MALADMINISTRATION: PERCEPTION AND REALITY; PREVENTION AND REPRESSION (5H OF SEMINARS) - RESPONSIBILITY OF THE ENTITY FROM CRIME: RISK ASSESSMENT AND RISK MANAGEMENT IN LEGISLATIVE DECREE 231/2001 (5H OF SEMINARS) -ASSOCIATION CRIME AND ORGANIZED ECONOMIC CRIME (4H OF SEMINARS) - BUSINESS CRISIS AND BANKRUPTCY (5H OF SEMINARS) - CORPORATE DEEDS (7H OF SEMINARS) - CRIMES AGAINST THE ADMINISTRATION OF JUSTICE (4H)

Contents

- INTRODUCTION TO THE SPECIAL PART OF CRIMINAL LAW (4 HOURS OF LESSONS)

CONCEPT OF SPECIAL PART; DRAFTING TECHNIQUES OF THE OFFENDING CASE; CLASSIFICATION OF CRIMES; INTERPRETATION OF THE SPECIAL PART RULES.

- CRIMES OF PUBLIC OFFICIALS AGAINST THE PUBLIC ADMINISTRATION - GENERAL NOTIONS (4 HOURS OF LESSONS)

THE 1990 REFORM (LAW NO. 86/1990); THE 2012 REFORM (LAW NO. 190/2012); THE 2019 REFORM (LAW NO. 3/2019); SUBJECTIVE QUALIFICATIONS.

- THE CRIME OF ABUSE OF OFFICE. CRITICAL PROFILES AND REFORM PERSPECTIVES (6H LESSON)

- ASSOCIATION CRIME AND ORGANISATION (10H LESSON)

THE COURSE ALSO INCLUDES THEMATIC IN-DEPTH MODULES ON CURRENT TOPICS AND PROBLEMS, SUCH AS:

-MALADMINISTRATION: PERCEPTION AND REALITY; PREVENTION AND REPRESSION (5H OF SEMINARS)
- RESPONSIBILITY OF THE ENTITY FROM CRIME: RISK ASSESSMENT AND RISK MANAGEMENT IN LEGISLATIVE DECREE 231/2001 (5H OF SEMINARS)
-ASSOCIATION CRIME AND ORGANIZED ECONOMIC CRIME (4H OF SEMINARS)
- BUSINESS CRISIS AND BANKRUPTCY (5H OF SEMINARS)
- CORPORATE DEEDS (7H OF SEMINARS)
- CRIMES AGAINST THE ADMINISTRATION OF JUSTICE (4H)

	Teaching Methods
	TEACHING TAKES PLACE DURING THE FIRST SEMESTER AND INCLUDES 54 HOURS OF LESSONS. THE COURSE, WHICH IS NOT COMPULSORY, WILL BE ARTICULATED THROUGH LECTURES AND THEMATIC IN-DEPTH SEMINARS.

	Verification of learning
	• ATTENDING STUDENTS THE EXAM CONSISTS OF A FINAL ORAL INTERVIEW, WHICH TAKES INTO ACCOUNT THE ACTIVE PARTICIPATION IN THE LESSONS AND THE CONTEXTUAL STUDY OF THE DISTRIBUTED TEACHING MATERIAL, TOGETHER WITH THE NOTES OF THE LESSONS WHICH FORM AN INTEGRAL PART OF THE STUDY PROGRAM. THE ASSESSMENT CRITERIA FOR THE EXAM WILL BE: 1. ABILITY TO ARTICULATE A COMPLEX DISCOURSE; 2. ABILITY TO EXPRESS ONESELF CLEARLY AND WITH APPROPRIATE LEGAL LANGUAGE; 3. ABILITY TO PLACE LEGAL INSTITUTIONS IN A PRECISE SYSTEMATIC LOGICAL FRAMEWORK, INCLUDING COMMUNITY AND INTERNATIONAL ONES; 4. ABILITY TO SELECT LEGAL DATA BY STORING SIGNIFICANT DATA METHODICALLY. THE ASSESSMENT, THEREFORE, WILL TAKE INTO ACCOUNT AN EXPOSURE THAT DOES NOT STOP AT A MERE NOTIONISM OF THE DIDACTIC ACQUISITIONS MENTIONED ABOVE, TO REACH FULL MATURITY IF THE EXPOSURE PROVES TO BE FULLY AWARE IN THE APPLICATION OF THE SYSTEMATIC METHOD. • NON-ATTENDING STUDENTS THE EXAM CONSISTS OF A FINAL ORAL INTERVIEW. THE ASSESSMENT CRITERIA FOR THE EXAM WILL BE: 1. ABILITY TO ARTICULATE A COMPLEX DISCOURSE; 2. ABILITY TO EXPRESS ONESELF CLEARLY AND WITH APPROPRIATE LEGAL LANGUAGE; 3. ABILITY TO PLACE LEGAL INSTITUTIONS IN A PRECISE SYSTEMATIC LOGICAL FRAMEWORK, INCLUDING COMMUNITY AND INTERNATIONAL ONES; 4. ABILITY TO SELECT LEGAL DATA BY STORING SIGNIFICANT DATA METHODICALLY. THE ASSESSMENT, THEREFORE, WILL TAKE INTO ACCOUNT AN EXPOSURE THAT DOES NOT STOP AT A MERE NOTIONISM OF THE DIDACTIC ACQUISITIONS MENTIONED ABOVE, TO REACH FULL MATURITY IF THE EXPOSURE PROVES TO BE FULLY AWARE IN THE APPLICATION OF THE SYSTEMATIC METHOD. THE FINAL MARK IS ATTRIBUTED IN THIRTIETHS. THE EXAM IS PASSED WHEN THE MARK IS GREATER THAN OR EQUAL TO 18. THE MINIMUM LEVEL OF ASSESSMENT (18) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A FRAGMENTED KNOWLEDGE OF THE THEORETICAL CONTENTS OR SHOWS A LIMITED ABILITY TO CONNECT LEGISLATIVE REFERENCES TO THE CONTEXT OF STUDY. THE MAXIMUM LEVEL OF EVALUATION (30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND IN-DEPTH KNOWLEDGE OF THE THEORETICAL CONTENTS, EXPRESSING IT THROUGH A CLEAR AND APPROPRIATE LEGAL LANGUAGE, OR SHOWS A REMARKABLE ABILITY TO CONNECT LEGISLATIVE REFERENCES TO THE CONTEXT OF STUDY. THE PRAISE IS AWARDED WHEN THE STUDENT DEMONSTRATES SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIONAL CONTENTS AND SHOWS HIS ABILITY TO PRESENT THE TOPICS WITH SIGNIFICANT LANGUAGE PROPERTIES AND AUTONOMOUS PROCESSING CAPACITY EVEN IN CONTEXTS OTHER THAN THOSE PROPOSED BY THE TEACHER.

Verification of learning

• ATTENDING STUDENTS

THE EXAM CONSISTS OF A FINAL ORAL INTERVIEW, WHICH TAKES INTO ACCOUNT THE ACTIVE PARTICIPATION IN THE LESSONS AND THE CONTEXTUAL STUDY OF THE DISTRIBUTED TEACHING MATERIAL, TOGETHER WITH THE NOTES OF THE LESSONS WHICH FORM AN INTEGRAL PART OF THE STUDY PROGRAM.

THE ASSESSMENT CRITERIA FOR THE EXAM WILL BE:
1. ABILITY TO ARTICULATE A COMPLEX DISCOURSE;
2. ABILITY TO EXPRESS ONESELF CLEARLY AND WITH APPROPRIATE LEGAL LANGUAGE;
3. ABILITY TO PLACE LEGAL INSTITUTIONS IN A PRECISE SYSTEMATIC LOGICAL FRAMEWORK, INCLUDING COMMUNITY AND INTERNATIONAL ONES;
4. ABILITY TO SELECT LEGAL DATA BY STORING SIGNIFICANT DATA METHODICALLY.

THE ASSESSMENT, THEREFORE, WILL TAKE INTO ACCOUNT AN EXPOSURE THAT DOES NOT STOP AT A MERE NOTIONISM OF THE DIDACTIC ACQUISITIONS MENTIONED ABOVE, TO REACH FULL MATURITY IF THE EXPOSURE PROVES TO BE FULLY AWARE IN THE APPLICATION OF THE SYSTEMATIC METHOD.

• NON-ATTENDING STUDENTS

THE EXAM CONSISTS OF A FINAL ORAL INTERVIEW.

THE ASSESSMENT CRITERIA FOR THE EXAM WILL BE:
1. ABILITY TO ARTICULATE A COMPLEX DISCOURSE;
2. ABILITY TO EXPRESS ONESELF CLEARLY AND WITH APPROPRIATE LEGAL LANGUAGE;
3. ABILITY TO PLACE LEGAL INSTITUTIONS IN A PRECISE SYSTEMATIC LOGICAL FRAMEWORK, INCLUDING COMMUNITY AND INTERNATIONAL ONES;
4. ABILITY TO SELECT LEGAL DATA BY STORING SIGNIFICANT DATA METHODICALLY.

THE ASSESSMENT, THEREFORE, WILL TAKE INTO ACCOUNT AN EXPOSURE THAT DOES NOT STOP AT A MERE NOTIONISM OF THE DIDACTIC ACQUISITIONS MENTIONED ABOVE, TO REACH FULL MATURITY IF THE EXPOSURE PROVES TO BE FULLY AWARE IN THE APPLICATION OF THE SYSTEMATIC METHOD.

THE FINAL MARK IS ATTRIBUTED IN THIRTIETHS. THE EXAM IS PASSED WHEN THE MARK IS GREATER THAN OR EQUAL TO 18.
THE MINIMUM LEVEL OF ASSESSMENT (18) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A FRAGMENTED KNOWLEDGE OF THE THEORETICAL CONTENTS OR SHOWS A LIMITED ABILITY TO CONNECT LEGISLATIVE REFERENCES TO THE CONTEXT OF STUDY.
THE MAXIMUM LEVEL OF EVALUATION (30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND IN-DEPTH KNOWLEDGE OF THE THEORETICAL CONTENTS, EXPRESSING IT THROUGH A CLEAR AND APPROPRIATE LEGAL LANGUAGE, OR SHOWS A REMARKABLE ABILITY TO CONNECT LEGISLATIVE REFERENCES TO THE CONTEXT OF STUDY.
THE PRAISE IS AWARDED WHEN THE STUDENT DEMONSTRATES SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIONAL CONTENTS AND SHOWS HIS ABILITY TO PRESENT THE TOPICS WITH SIGNIFICANT LANGUAGE PROPERTIES AND AUTONOMOUS PROCESSING CAPACITY EVEN IN CONTEXTS OTHER THAN THOSE PROPOSED BY THE TEACHER.

	Texts
	SUGGESTED BOOKS: - FIANDACA - E. MUSCO, DIRITTO PENALE PARTE SPECIALE, VOLUME 1, ULT. ED, ZANICHELLI EDITORE, ONLY FOR THE FOLLOWING CHAPTERS; CHAPTER 2, DELITTI CONTRO LA PA, NOZIONI GENERALI E SEZIONE I CHAPTER 5, DELITTI CONTRO L’ORDINE PUBBLICO, NOZIONI GENERALI CHAPTER 5, SEZ. II, I DELITTI DI ASSOCIAZIONE - “LA RIFORMA DELL'ABUSO D'UFFICIO”, (A CURA DI) ANDREA R. CASTALDO E MARCO NADDEO, G. GIAPPICHELLI EDITORE.

Texts

SUGGESTED BOOKS:
- FIANDACA - E. MUSCO, DIRITTO PENALE PARTE SPECIALE, VOLUME 1, ULT. ED, ZANICHELLI EDITORE, ONLY FOR THE FOLLOWING CHAPTERS;

CHAPTER 2, DELITTI CONTRO LA PA, NOZIONI GENERALI E SEZIONE I
CHAPTER 5, DELITTI CONTRO L’ORDINE PUBBLICO, NOZIONI GENERALI
CHAPTER 5, SEZ. II, I DELITTI DI ASSOCIAZIONE

- “LA RIFORMA DELL'ABUSO D'UFFICIO”, (A CURA DI) ANDREA R. CASTALDO E MARCO NADDEO, G. GIAPPICHELLI EDITORE.