Learning outcomes of the course unit
The course aims to provide the student with methodological and cognitive tools to understand the topics of the criminal procedure in a systematic perspective.
At the end of the course the student is expected to be able to:
- have a systematic view of the criminal procedure rules;
- analyze the dispositions provide for the law in the light of the constitutional framework;
- highlight the profiles of constitutional illegitimacy of the discipline.
For students attendig the the 5th year (a.y. 2018-2019), it is necesary to have passed the exams of: Institutions of Private Law, Institutions of Roman Law, Constitutional Law and Criminal Law I.
Course contents summary
The content of the course is the study of the criminal trial, having regard to the constitutional and international principles, and to the rules provided for by the Criminal Procedure Code. Graet attention will be given to the analysis of the procedural legality principle (See also the "Extended Program")
Criminal Procedure Code (books 1-10).
STUDENTES ATTENDING THE COURSE
FREQUENTANTI (daily signature in class-room)
UBERTIS, Sitema di procedura penale, vol. I, Giiuffrè, ult. ed.
LOZZI, Linamenti di procedura penale, Giappichelli, ult. ed. (without part VI e VII)
STUDENTS NON ATTENDING THE COURSE
One the following textbooks:
CORSO ED ALTRI, Procedura penale, Giappichelli, last edition (without chapt. XV, XVI, XVII, XXII, XXV, XXVI, XXVII, XXVIII, XXIX)
CONSO-GREVI-BARGIS (a cura di), Compendio di procedura penale, Cedam, last edizion (no chapt. XI, XII, XIII, XIV).
In order to attend classes and adequately prepare the exam, it is necessary for the student to buy a Italian Criminal Procedure Code, in his most recent edition.
Studentes could choose, as useful tool, Codice sistematico di procedura penale, by Belluta - Gialuz - Luparia, Giappichelli, 2018
Frontal lessons. During the lessons, the debate between the teacher and the students will be encouraged, at least on the most current and problematic topics of the course. The aim is to develop the student's ability to adopt a critical and argumentative approach to the criminal procedure system.
Assessment methods and criteria
Oral examination, about the skills gained by the student on the topics.
Students attending the whole course internships (Modules I and II) are allowed to take the exam in two parts, corresponding to the topics discussed in Modes I and II respectively. It is necessary for the student who chosses this two-part exam to successfully complete the two sessions by the July appeal of the attending course year. The final range is the average of the votes achieved in the two session.