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.
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.
Prerequisites
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.
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.
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.
Recommended readings
A. CADOPPI, Il valore del precedente nel diritto penale. Uno studio sulla
dimensione in action della legalità, Torino, Giappichelli, 2007 (pp. 360
circa).
A. CADOPPI, Il valore del precedente nel diritto penale. Uno studio sulla dimensione in action della legalità, 2ª ed., Giappichelli, Torino, 2007 ( pp. 360 circa)
Teaching methods
Oral lessons concerning the main topics of the course and seminars on
some important cases decided by the Constitutional Court.
The course provides oral lesson on the related topics of the course.
During the course some leading cases of the Constitutional Court will be analysed.
A special program for the students who will attend the classes, will be decided togheter with the professor.
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.
Oral exam