Giurisprudenza | Criminal Procedure

cod. 0160100087

CRIMINAL PROCEDURE

	0160100087
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2022/2023

PERCORSO UNIQUE CURRICULUM

	OBBLIGATORIO
	YEAR OF COURSE 4
	YEAR OF DIDACTIC SYSTEM 2012
	FULL ACADEMIC YEAR

TEACHING UNITS

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

EXAMS

Exam	Date	Session
PROCEDURA PENALE	15/06/2023 - 09:00	SESSIONE ORDINARIA
PROCEDURA PENALE	12/07/2023 - 09:00	SESSIONE ORDINARIA
PROCEDURA PENALE	12/09/2023 - 09:00	SESSIONE DI RECUPERO

	Objectives
	THE COURSE AIMS TO PROVIDE: THE KNOWLEDGE OF THE CHARACTERISTICS, THE CONTENTS AND THE SIGNIFICANCE OF THE FUNDAMENTAL PRINCIPLES OF CRIMINAL PROCEDURAL LAW AND THE CORRECT METHODOLOGY FOR THE SOLUTION OF PROBLEMS OF GENERAL THEORY OF PROCESS, WITH ATTENTION TO EUROPEAN SOURCES OF LAW AND REGULATIONS; THE NOTIONS ON THE EXERCISE OF THE INVESTIGATIVE, JURISDICTIONAL AND DEFENSIVE FUNCTIONS OPERATING THROUGHOUT THE WHOLE CRIMINAL PROCEEDINGS AND THE REQUIREMENTS OF CRIMINAL APPELLATE AND ENFORCEMENT JURISDICTION.

THE COURSE AIMS TO PROVIDE: THE KNOWLEDGE OF THE CHARACTERISTICS, THE CONTENTS AND THE SIGNIFICANCE OF THE FUNDAMENTAL PRINCIPLES OF CRIMINAL PROCEDURAL LAW AND THE CORRECT METHODOLOGY FOR THE SOLUTION OF PROBLEMS OF GENERAL THEORY OF PROCESS, WITH ATTENTION TO EUROPEAN SOURCES OF LAW AND REGULATIONS; THE NOTIONS ON THE EXERCISE OF THE INVESTIGATIVE, JURISDICTIONAL AND DEFENSIVE FUNCTIONS OPERATING THROUGHOUT THE WHOLE CRIMINAL PROCEEDINGS AND THE REQUIREMENTS OF CRIMINAL APPELLATE AND ENFORCEMENT JURISDICTION.

	Prerequisites
	PROPEDEUTICITY OF CONSTITUTIONAL LAW. IT IS OPPORTUNE TO ACQUIRE A BASIC KNOWLEDGE OF CRIMINAL LAW

	Contents
	MODELS OF CRIMINAL PROCEEDINGS. CONSTITUTIONAL NORMS AND SUPRANATIONAL NORMS. PRINCIPLES AND GUARANTEES OF DUE PROCESS, LIKE JURISDICTION, ADVERSARIAL PROCESS, THE RIGHT TO INFORMATION AND DEFENSE, PROTECTION OF FREEDOM, REASONABLE LENGTH. THE STRUCTURE OF CRIMINAL PROCEEDINGS IN ITS STATIC AND EVOLUTIONARY DIMENSIONS, ACCORDING TO ITS ORDINARY DEVELOPMENT AND THE SPECIAL RITUALS. REMEDIES, EXECUTION OF JUDGMENTS AND CRIMINAL ENFORCEMENT, REVISION OF SENTENCES, JURISDICTIONAL RELATIONSHIPS WITH FOREIGN AUTHORITIES (90 HOURS OF LESSONS + 36 HOURS OF PRACTICAL EXERCISES).

Contents

MODELS OF CRIMINAL PROCEEDINGS. CONSTITUTIONAL NORMS AND SUPRANATIONAL NORMS. PRINCIPLES AND GUARANTEES OF DUE PROCESS, LIKE JURISDICTION, ADVERSARIAL PROCESS, THE RIGHT TO INFORMATION AND DEFENSE, PROTECTION OF FREEDOM, REASONABLE LENGTH. THE STRUCTURE OF CRIMINAL PROCEEDINGS IN ITS STATIC AND EVOLUTIONARY DIMENSIONS, ACCORDING TO ITS ORDINARY DEVELOPMENT AND THE SPECIAL RITUALS. REMEDIES, EXECUTION OF JUDGMENTS AND CRIMINAL ENFORCEMENT, REVISION OF SENTENCES, JURISDICTIONAL RELATIONSHIPS WITH FOREIGN AUTHORITIES (90 HOURS OF LESSONS + 36 HOURS OF PRACTICAL EXERCISES).

	Teaching Methods
	THE COURSE IS ANNUAL. THEORETICAL LESSONS ARE COMPLEMENTED WITH PRACTICAL EXERCISES/SEMINARS/ SIMULATIONS WHICH ARE PERFORMED ALSO WITH THE CONTRIBUTION OF EXTERNAL EXPERTS. ATTENDING STUDENTS ARE DIVIDED INTO WORKING GROUPS FOR PRACTICAL EXERCISES TO BE CARRIED OUT AT THE MULTIMEDIA TEACHING LABORATORY AND AT JUDICIAL INSTITUTIONS. TEACHING LANGUAGE: ITALIAN

	Verification of learning
	ORAL EXAMINATION. THE FINAL MARK DEPENDS ON THE DEGREE OF MATURITY ACHIEVED ON THE CONTENTS OF THE COURSE, ON THE ABILITY TO UNDERSTAND AND THE TECHNICAL ACCURACY IN DISCUSSING THE INSTITUTIONS AND NORMS THAT HAVE BEEN STUDIED. EVALUATION CRITERIA: 1) ABILITY TO EXPRESS ONESELF CLEARLY AND WITH APPROPRIATE TECHNICAL LANGUAGE; 2) ABILITY TO DEVELOP A COMPLEX DISCOURSE; 3) ABILITY TO OFFER A SYSTEMATIC AND COHERENT EXPLANATION OF THE PROCEDURAL INSTITUTES EXAMINED WITHIN THE BROADER REGULATORY FRAMEWORK; 4) ABILITY TO MAKE TRANSVERSAL CORRELATIONS ACROSS THE DIVERSE TOPICS ADDRESSED DURING THE COURSE. THE FINAL MARK IS ATTRIBUTED IN THIRTIES, THE EXAMINATION IS PASSED WHEN THE VOTE IS EQUAL OR HIGHER THAN 18. THE MINIMUM MARK IS ATTRIBUTED WHEN THE STUDENT HAS A FRAGMENTED KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A LIMITED CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE MAXIMUM MARK (30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND DEEP KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A NOTABLE CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE LAUDE IS ATTRIBUTED WHEN THE CANDIDATE SHOWS A REMARKABLE MASTERY OF THEORETICAL AND OPERATIVE CONTENTS AND PRESENTS THE ARGUMENTS WITH LINGUISTIC ACCURACY AND ABILITY OF AUTONOMOUS ELABORATION.

Verification of learning

ORAL EXAMINATION. THE FINAL MARK DEPENDS ON THE DEGREE OF MATURITY ACHIEVED ON THE CONTENTS OF THE COURSE, ON THE ABILITY TO UNDERSTAND AND THE TECHNICAL ACCURACY IN DISCUSSING THE INSTITUTIONS AND NORMS THAT HAVE BEEN STUDIED.
EVALUATION CRITERIA:
1) ABILITY TO EXPRESS ONESELF CLEARLY AND WITH APPROPRIATE TECHNICAL LANGUAGE;
2) ABILITY TO DEVELOP A COMPLEX DISCOURSE;
3) ABILITY TO OFFER A SYSTEMATIC AND COHERENT EXPLANATION OF THE PROCEDURAL INSTITUTES EXAMINED WITHIN THE BROADER REGULATORY FRAMEWORK;
4) ABILITY TO MAKE TRANSVERSAL CORRELATIONS ACROSS THE DIVERSE TOPICS ADDRESSED DURING THE COURSE.
THE FINAL MARK IS ATTRIBUTED IN THIRTIES, THE EXAMINATION IS PASSED WHEN THE VOTE IS EQUAL OR HIGHER THAN 18.
THE MINIMUM MARK IS ATTRIBUTED WHEN THE STUDENT HAS A FRAGMENTED KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A LIMITED CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT.
THE MAXIMUM MARK (30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND DEEP KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A NOTABLE CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT.
THE LAUDE IS ATTRIBUTED WHEN THE CANDIDATE SHOWS A REMARKABLE MASTERY OF THEORETICAL AND OPERATIVE CONTENTS AND PRESENTS THE ARGUMENTS WITH LINGUISTIC ACCURACY AND ABILITY OF AUTONOMOUS ELABORATION.

	Texts
	P. TONINI, MANUALE DI PROCEDURA PENALE, GIUFFRÈ ED., LATEST EDITION; OR A. A. DALIA-M. FERRAIOLI, MANUALE DI DIRITTO PROCESSUALE PENALE, CEDAM ED., LATEST EDITION; OR OTHER UPDATED TEXTBOOK CHOSEN BY THE STUDENT IT IS ESSENTIAL TO CONSULT AN UPDATED CODE (SUGGESTED: L. KALB, CODICE DI PROCEDURA PENALE, GIUFFRÈ EDITORE, ULT. ED.)