CRIMINAL PROCEDURE (I FORM)
Learning outcomes of the course unit
The course offers to students 1) a comprehensive analysis of Italian criminal procedure, including foundational principles, rules of evidence, investigation, judgments and appeals, 2) an ability to develop critical thinking on the most controversial issues of the subject 3) updates on statutory reforms and rulings of the Italian Constitutional Courts on matters of criminal procedure
In order to sit the subject of Criminal procedure students must have passed Foundations of Private Law, Foundations of Roman Law and Criminal Law
Course contents summary
The course offers a comprehensive analysis of Italian criminal procedure in the light of constitutional principles and international treaties. Special attention will be paid to statutory reforms and rulings of the Italian Constitutional Court that had an impact on the Code of Criminal Procedure
Prof Stefano Maffei
Program includes the following parts of the Italian Code of Criminal Procedure: I (Subjects) – II (Pleadings) - III (Evidence – only in relation to subsection III), V (investigations and preliminary hearing), XI (international cooperation)
O. DOMINIONI e altri, Procedura penale, Turin, Giappichelli, IV edition, 2015 (excluding the parts on juvenile criminal procedure and international cooperation in the phase of sentencing), or, as an alternative, P. TONINI, Manuale di Procedura penale, Milano, Giuffré, 2015 (with the above exclusions). Students should also purchase the Italian Code of Criminal Procedure, with the latest statutory amendments.
Lecture-based course. Students are encouraged to take part in conferences/seminars on criminal procedure matters that may be held in Parma during the year. Occasionally, guest lecturers (lawyers and members of the judiciary) may be invited to teach
Assessment methods and criteria
Oral examination on three/four topics relating to different aspects of criminal procedure. The exam is passed when students can show a basic understanding of the topics and their impact in the overall criminal litigation. Lack of knowledge of a foundational principle, rule that is regarded as fundamental will not be acceptable. Clarity and ability to explain issues in a concise and critical manner are also part of the evaluation process.
Students who attend classes on a regular basis will be allowed to sit a portion of the exam within the month of May 2016 in relation to parts I-II-III (only subsection III)-IV-IV of the Italian Code of Criminal Procedure). The remainder portion of the exam in such cases will have to be sit within the month of July 2016