PENAL LAW I
Learning outcomes of the course unit
The course goal is to give the students the fundamental notions pertaining the general part of the Criminal law and, consequently, to help them build the foundations for a deeper understanding of the others Criminal law-related subjects. At the end of the training activity, the student should have acquired knowledge and skills related to the main issues of the general part of criminal law. In particular, it is expected that the student will be able to: 1. Know the legal rules contained in the Penal Code, First Book, “On Crimes in General”; understand and remember both the basic definitions and the concepts; apply the systematic method of analysis of the crime (knowledge and understanding skills). 2. Apply the interpretations acquired to simple concrete cases (ability to apply knowledge and comprehension). 3. Know how to analyze elementary cases through the process of interpretation of the fact and its legal qualification (autonomy of judgment). 4. Know to expose brief conclusions of your own concrete case analysis, providing adequate reasons (communicative abilities). 5. Know how make connections and to evaluate alternative solutions to the concrete cases considered (learning ability).
To be allowed to enroll in the Diritto Penale I examination, students must have successfully passed Istituzioni di diritto privato, Istituzioni di diritto romano and Diritto costituzionale.
Diritto Penale I must be passed to enroll in the courses of Diritto penale II and Diritto processuale penale as well as the other courses comprehended in the scientific-educational categories IUS/16, IUS/17 e MED/43.
Course contents summary
The course focuses on the concepts pertaining the general part of the Criminal law, with particular reference to: (i) the chapters concerned with the Code general provisions and the so-called “theory of crime” (teoria del reato); (ii) historical roots, purposes and constitutional principles in criminal matters (principle of legality, principle of nullum crimen sine culpa; principle of nullum crimen sine iniuria).
Specific attention will be reserved to the study of objective and subjective elements of the crime (actus reus and mens rea), causation theories, justifications and excuses.
During the course will also be analyzed circumstances, attempt, conspiracy, aid and abet, concurrence of offences, substantive principle of ne bis in idem.
Finally, will be explained criminal penalties, security measures, confiscations.
The course will also cover some practical cases, so as to show how the general concepts found in the general part of the Code relates to their application in practice.
A. CADOPPI, P. VENEZIANI, Elementi di diritto penale, Parte generale, VII ed., Milano-Padova, Wolters-Kluwer-CEDAM, 2018.
P. VENEZIANI, La punibilità. Le conseguenze giuridiche del reato, vol. III, book II, of Trattato di diritto penale, diretto da C. F. GROSSO, T. PADOVANI, A. PAGLIARO, Milano, Giuffrè, 2014, chapters I, II, III, VI, IX, X, XI only.
Students should use an updated Penal Code, like one of the following: L. ALIBRANDI (a cura di), Codice penale e leggi complementari, Piacenza, Casa editrice La Tribuna, last edition available.
In addition to the traditional lectures, seminars and practical exercises will be organized (with the help of tutors), in which recent cases will be analyzed.
Assessment methods and criteria
The examination consists of an oral interview, comprehensive of at least three questions, with reference to the suggested texts and the topics indicated. Its goal is to understand whether the student has knowledge of the subject, the level of comprehension of the student and his ability to make connections between different topics. The exam also evaluates the ability of the student to communicate with a proper legal language.
The vote (vote in thirty) is communicated immediately at the end of the test itself. No intermediate tests are planned.
The students which will constantly follow the lectures may ask to the Professor for some variations on the aforementioned course program. The students should carry an updated Penal Code at all classes, seminars, and practical exercises.