Principles and basic concepts of the Criminal Law and Criminal Procedure Law ; presuppositions and dynamics of the punitive reaction against the crime, with special regard to notorious
legal cases
1) G. NEPPI MODONA - D.PETRINI - B.GIORS, Diritto penale e servizio sociale, II edizione, Giappichelli, Torino, 2021, pagine 1-92;
2) For the part concerning criminal procedure, students may alternatively study one of the following books:
2.1.) G.Giostra, Prima lezione sulla giustizia penale, Bari Roma, 2020;
2.2) P. TONINI, Lineamenti di Diritto Processuale Penale, Milano, 2020.
In late spring 2023 a new book will be published: M. PAPA, Giustizia penale, Giappichelli, Torino 2023 (attualmente in corso di stampa). When the new textbook is out, students will be allowed to choose between the new book and those sub 1) and 2).
Learning Objectives
At the end of the course the student will be able to decipher principles, rules and lexicon of the general part of Criminal Law and Criminal Procedure Law. Therefore he will be able to analyze critically legal cases and politics of lawmaking. He will acquire basic concepts that are very important to improve the role of social worker, journalist, or other employments that entail penal knowledges or cooperation with criminal courts. The acquired competences will be also fundamental later, in order to face more special criminal law subjects (international criminal law, juvenile criminal justice, penitentiary law, special penal laws etc.)
Prerequisites
Basic knowledge of italian Constitutional Law
Teaching Methods
lectures
Further information
All students will have to study the texts here
indicated.The reading of handbooks is highly recommended.
Type of Assessment
Oral exam final. The test consists of two or three questions, one at least regarding principles or fundamental concepts of the discipline.
Course program
Range, aims and functions of the Criminal Law
Criminalization: principles and policies
Punishments and sentencing
The general part of the Criminal Law
Analysis and structure of an offence:
Material element (personality, conduct, causation)
Mental element (capacity, intent, negligence, mistake - positive and negative fault requirements)
Justifications and excuses
Complicity, inchoate offence, circumstances
Basic knowledge of the criminal procedure e related constitutional principles
Types of trials. The fair trial. Principles, basic concepts and dynamics of italian Criminal Procedure.
Notorious italian legal cases will be used as examples