Learning outcomes of the course unit
The course was designed to give students a comprehensive and in-depth preparation on the institutes of trial procedure and criminal law, as regards both the principles and constitutional foundations of the subject (right to a fair trial, habeas corpus, the natural judge guaranteed by law, fundamental freedoms) and the details of the provisions in the code of Criminal procedure and the respective special laws regarding this area.
In order to take the examination in Criminal Law Procedure, students must have obtained passes in the examinations in Institutes of Private Law, Institutes of Roman Law, and Criminal Law.
Course contents summary
The course examines Criminal Law procedure in the light of the respective constitutional principles and international agreements. Particular consideration will be dedicated to the provisions introduced by ordinary legislation and the Constitutional Court that have influenced the structure of the Law Code. The programme includes the study of the static part of the Code (subjects, records of proceedings, evidence, custodial measures) and its dynamic part (preliminary investigation, preliminary hearing, procedure before monocratic judges, appellate proceedings, execution of sentences, juridical relations with foreign authorities). The course also includes the study of the determination of responsibility of public authorities (as introduced by Legislative Decree n° 231/2001) and trials before the Justice of the Peace (Legislative Decree n° 274/2000).
Pisani et al., Manuale di Procedura Penale, Monduzzi Editore, Bologna, 2008
Paolozzi, Vademecum degli enti sotto processo, Turin, Giappichelli, 2006.
An updated Code of Criminal Procedure. To date the most updated version is:
Il nuovo codice di procedura penale e le leggi complementari, CELT, Piacenza, 2008.
When purchasing the Code, check whether later or more up-dated versions have been published.
Students are prepared using a textbook providing a systematic and coordinated vision of the institutes of trial procedure, and an updated code of Criminal Procedure. Developments in legislation over recent years require a degree of retraining with regard to knowledge that has been rendered obsolete by new legislative provisions, whatever the period in which the course lessons were attended with respect to the examination date. In any case, students are required to possess knowledge of the changes introduced over the course of the year, for which information will be given during lessons or course seminar sessions.
Two additional courses will be held on the following themes: “The circulation of evidence in criminal trial procedure” (held by Dr. Manfredi Bontempelli) and “The Justice of Peace in Criminal Procedure” (held by Patrizia Cortesini, lawyer).