CONSTITUTIONAL PENAL LAW
Learning outcomes of the course unit
The course aims to give the students a deep knowledge of those constitutional principles which have a major influence on criminal law’s drafting and on its application. In order to reach this purpose, during the classes the most important leading Cases of the Constitutional Court will be analysed.
We advice the student to study this subject after having passed the exam of Foundations of private law, Foundations of roman law and Criminal Law 1.
Course contents summary
The Italian Constitutional Law establishes many principles which have influence, directly or indirectly, on criminal law’s drafting and on its application. In the last forty years the Italian jurisprudence has paid a deep attention to the study of the relationship between Constitutional law and Criminal Law. Pietro Nuvolone and Franco Bricola have been the first who drafted the so called “constitutional” theory of crime.
During the course will be analyzed the most important constitutional principles to apply the criminal rules, such as, among the others, the legal principle, the harm principle, the “colpevolezza” principle, which concernes the mens rea, and the “ragionevolezza” principle, which concernes.
During the course those constitutional principles which have a major influence on criminal law ‘s provisions will be analysed. We refer in particular to the principle of legality, the harm principle, the so called principle of “colpevolezza” (concerning the elements of mens rea), the principle of ragionevolezza (concerning the equal treatment of people in front of the law).
The classes will be focused, in particular, on the principle of legality, for its central role in criminalibus. It will be examined referring both to the law in the books, and to the law in action.
A. CADOPPI, Il valore del precedente nel diritto penale. Uno studio sulla dimensione in action della legalità, 2ª ed., Torino, Giappichelli, 2013(in corso di pubblicazione - pp. 390 circa).
Oral lessons concerning the main topics of the course and seminars on some important cases decided by the Constitutional Court.
Assessment methods and criteria
Oral exam by three questions on the topics of the course. To pass the exam the student must answer in passing grade at least at two questions.