Giurisprudenza | Criminal Law

cod. 0160100038

CRIMINAL LAW

	0160100038
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2022/2023

PERCORSO UNIQUE CURRICULUM

	OBBLIGATORIO
	YEAR OF COURSE 3
	YEAR OF DIDACTIC SYSTEM 2012
	AUTUMN SEMESTER

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/17	9	81	LESSONS	COMPULSORY SUBJECTS, CHARACTERISTIC OF THE CLASS

EXAMS

Exam	Date	Session
DIRITTO PENALE	19/06/2023 - 14:00	SESSIONE ORDINARIA
DIRITTO PENALE	14/07/2023 - 13:00	SESSIONE ORDINARIA
DIRITTO PENALE	11/09/2023 - 14:00	SESSIONE DI RECUPERO

	Objectives
	THIS COURSE PROVIDES STUDENTS WITH SOUND UNDERSTANDING OF SUBSTANTIVE ITALIAN CRIMINAL LAW. THE COURSE ALSO EXAMINES PRE-TRIAL AND TRIAL PROCESSES TO GAIN AN UNDERSTANDING OF THE WAY IN WHICH SUBSTANTIVE CRIMINAL LAW IS PUT INTO PRACTICE BY THE POLICE, PRACTITIONERS AND JUDICIARY. THE TEACHING AIMS TO PROVIDE STUDENTS WITH THE INSTRUMENTS NECESSARY TO KNOW THE CHARACTERISTICS, CONTENT AND MEANING OF THE FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW, AS WELL AS THE CORRECT METHODOLOGY FOR APPROACHING THE LEGAL PROBLEMS ON THE BASIC PRINCIPLE AND EUROPEAN AND INTERNATIONAL REGULATIONS. THE RESULTS THAT THE COURSE INTENDS TO PURSUE INCLUDE: A) KNOWLEDGE AND UNDERSTANDING THE STUDENT WILL HAVE OBTAINED THE COGNITIVE 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 ADEQUATE LEGAL TRAINING TO DEVELOP A CRITICAL APPROACH TO THE CRIMINAL JUSTICE SYSTEM, MAKING THE APPROPRIATE INCENTIVES FOR THE DEEPENING OF THE FUNDAMENTAL INSTITUTIONS NECESSARY FOR A RATIONAL INTERPRETATION OF THE REGULATORY DATA ITS OWN. B) ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING ANALYSING 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.

THIS COURSE PROVIDES STUDENTS WITH SOUND UNDERSTANDING OF SUBSTANTIVE ITALIAN CRIMINAL LAW. THE COURSE ALSO EXAMINES PRE-TRIAL AND TRIAL PROCESSES TO GAIN AN UNDERSTANDING OF THE WAY IN WHICH SUBSTANTIVE CRIMINAL LAW IS PUT INTO PRACTICE BY THE POLICE, PRACTITIONERS AND JUDICIARY.
THE TEACHING AIMS TO PROVIDE STUDENTS WITH THE INSTRUMENTS NECESSARY TO KNOW THE CHARACTERISTICS, CONTENT AND MEANING OF THE FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW, AS WELL AS THE CORRECT METHODOLOGY FOR APPROACHING THE LEGAL PROBLEMS ON THE BASIC PRINCIPLE AND EUROPEAN AND INTERNATIONAL REGULATIONS.
THE RESULTS THAT THE COURSE INTENDS TO PURSUE INCLUDE:

A) KNOWLEDGE AND UNDERSTANDING

THE STUDENT WILL HAVE OBTAINED THE COGNITIVE 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 ADEQUATE LEGAL TRAINING TO DEVELOP A CRITICAL APPROACH TO THE CRIMINAL JUSTICE SYSTEM, MAKING THE APPROPRIATE INCENTIVES FOR THE DEEPENING OF THE FUNDAMENTAL INSTITUTIONS NECESSARY FOR A RATIONAL INTERPRETATION OF THE REGULATORY DATA ITS OWN.

B) ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING

ANALYSING 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
	KNOWLEDGE OF BASIC PHILOSOPHICAL AND PRIVATE SUBJECTS AND BASIC KNOWLEDGE OF CIVIC AND SOCIAL STRUCTURE IS RECOMMENDED. THE STUDENT CANNOT TAKE THE CRIMINAL LAW EXAM IF HE HAS NOT PASSED THE CONSTITUTIONAL LAW EXAM BEFORE.

	Contents
	• CRIMINAL LAW - PRINCIPLES (20H LESSON) CHARACTERISTICS AND FUNCTIONS OF CRIMINAL LAW; THE GUARANTEE FUNCTION OF THE CRIMINAL LAW; NOTIONS OF GENERAL CRIME THEORY. • THE COMMITTED CRIME OF CRIME (25H LESSON, 6H SEMINARS) • THE CULPABLE CRIME OF COMMITTING (10H LESSON) • THE OMISSION CRIME (10H LESSON) • STRICT RESPONSIBILITY (10H LESSON)

	Teaching Methods
	TEACHING TAKES PLACE IN THE FIRST SEMESTER AND INVOLVES A TOTAL OF 81 HOURS OF LESSONS. THE COURSE, WHICH IS NOT COMPULSORY, IS DIVIDED INTO 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 NOTIONS 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 NOTIONS 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 NOTIONS 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 NOTIONS 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
	•GIOVANNI FIANDACA-ENZO MUSCO, DIRITTO PENALE. PARTE GENERALE, ZANICHELLI EDITORE, LAST EDITION, LIMITED TO THE FOLLOWING PARTS: PART ONE -CHAPTER 1 -CHAPTER 2 -CHAPTER 5 PARTE TWO -CHAPTER 1 -CHAPTER 2 -CHAPTER 3 -CHAPTER 4 (PARAGRAPHS 1, 2, 3, 4, 5, 6, 7 ONLY) -CHAPTER 5 -CHAPTER 6 PART THREE -CHAPTER 1 PART FOUR -CHAPTER 1 PART FIVE -CHAPTER 1 PART SEVEN -CHAPTER 1 •UPDATED PENAL CODE.

Texts

•GIOVANNI FIANDACA-ENZO MUSCO, DIRITTO PENALE. PARTE GENERALE, ZANICHELLI EDITORE, LAST EDITION, LIMITED TO THE FOLLOWING PARTS:

PART ONE
-CHAPTER 1
-CHAPTER 2
-CHAPTER 5

PARTE TWO
-CHAPTER 1
-CHAPTER 2
-CHAPTER 3
-CHAPTER 4 (PARAGRAPHS 1, 2, 3, 4, 5, 6, 7 ONLY)
-CHAPTER 5
-CHAPTER 6

PART THREE
-CHAPTER 1

PART FOUR
-CHAPTER 1

PART FIVE
-CHAPTER 1

PART SEVEN
-CHAPTER 1

•UPDATED PENAL CODE.