CRIMINAL LAW
Instructional goals
Provide the student with the legal tools to analyse the constitutional principles in criminal matters, the notions set out by the Italian Criminal Code as well as the general categories, by following the appropriate logical and legal approach.
Intended learning outcomes
Knowledge and understanding: the student – through course attendance, group discussions on cases and workshops – will gain full knowledge of the constitutional principles in criminal matters, of the general theory of crime and of the fundamental concepts related to the so called ‘general part’ of the Italian criminal law. The student will also be able to interpret such concepts taking into account the supranational regulatory framework and the influence of the national and European case law. Such knowledge will be ascertained through an oral exam at the end of the course.
Applying knowledge and understanding: The student, by learning the theory and the appropriate legal method, will be able to interpret and apply, also to cases, the fundamental principles and concepts related to the so called ‘general part’ of the Italian criminal law. The student will also be able to use the main criminal law research methods. Finally, at the end of the course, such knowledge will be ascertained through an oral exam.
Making judgements: The student, by making use of the appropriate study and research methods learned during the course, will be able to collect data and materials to analyse the relevant provisions, case law as well as scholars’ approaches related to the ‘general part’ of the Italian criminal code. The student, therefore, will gain – also through the participation to different workshops – the ability to evaluate such data and materials independently and to make critical judgements on the application of principles and fundamental categories to practical cases. The student will be also able to identify concrete solutions to the legal issues at stake.
Communication skills: at the end of the course the student will be able to use the legal and technical vocabulary of criminal law, addressing the legal issues at hand with terminological accuracy. Through the various training activities that will take place during the course, the student will be able to put these communication skills into practice in various contexts, thus gaining advanced rhetorical skills and the ability to adapt the terms used to the situation and to the interlocutor in the specific case.
Learning skills: the knowledge gained during the course, as well as through participation in the various workshops provided, will allow the student to independently understand and interpret regulatory changes, new case law and scholars’ approaches related to the fundamental principles and concepts of the so called ‘general part’ of the Italian criminal law.
Course Contents
The general principles in criminal matters;
the criminal law;
structure and types of criminal offenses;
the offender;
the legal consequences of crimes, except the specific security measures (but including the confiscation) and the civil obligations arising from criminal offenses.
Reference Books
Students may choose to prepare for the exam by choosing one of the following textbooks:
- Antolisei, Francesco. Manuale Di Diritto Penale. Parte Generale. 16. aggiornata e integrata / a cura di Luigi Conti ed. Milano: Giuffrè, 2003: https://tinyurl.com/hxzkeaye
- Marinucci, Giorgio, Emilio Dolcini, and Gian Luigi Gatta. Manuale Di Diritto Penale. Parte Generale. Tredicesima ed. Milano: Giuffrè Francis Lefebvre, 2024.
Teaching Methods
Lessons; discussion of cases; practical workshops.
Assessment Method
The final exam consists of an oral interview and the student shall demonstrate that he/she has achieved the expected learning outcomes, firstly with regard to the necessary knowledge of the fundamental concepts related to the ‘general part’ of the Italian Criminal Code. The student is also expected to prove that he/she is able to apply such concepts to concrete cases and to independently analyse relevant legislation and case law, as to develop an autonomous ability to study the subject. The student shall also be able to use the appropriate technical and legal vocabulary of criminal law.
The grade will be awarded in thirtieths and the following evaluation criteria will be taken into account: - knowledge and understanding of the fundamental concepts and principles related to the ‘general part’ of criminal law and ability to apply them to concrete cases (75 %); appropriate use of the technical and legal vocabulary, ability to independently evaluate and analyse relevant sources, activities carried out during the course (25%).
With reference to the latter evaluation criterion, the participation in the workshops and other course activities mentioned above will be considered.
Learning gaps concerning one or more notions or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.
Thesis assignment criteria
Interest in the course; high grade as a result of the oral exam; attendance of the criminal law major.
Week 1
Introduc. Sec. I -
The criminal law
Topic 1.1 Origins and evolution of criminal law
Topic 1.2 Criminal law and morality
Topic: 1.3 Functions of criminal law in the constitutional framework
Introduc. Sec. II
Topic 2.1 General principles. Autonomia, sussidiarietà, frammentarietà
Topic 2.2 The protection of legal goods
Topic 2.3 Punishment proportioned to guilt (proporzione e meritevolezza della pena)
Introduc. Sec. III
The criminal provision
Topic 3.1 Offense and punishment (precetto e sanzione)
Topic 3.2 Different types of criminal provisions
Topic 3.3 The subjects of criminal provisions
Topic 3.4 Crimes and misdemeanours (delitti e contravvenzioni)
Sec. IV – The Italian criminal law
Topic 1.1. The principle of ‘reservation’ to the Criminal Code (riserva di codice)
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On textbooks:
Marinucci-Dolcini-Gatta: Sec. I, Chap. I: pp. 3-48; Antolisei: Introduc., Sec. I and II, Part I, Chap. I, pp. 3-64.
Week 2
Sec. I – Sources of law and interpretation
The sources of criminal law
Topic 1.1 The principle of legality
Topic 1.2 The principle of reservation to the law (riserva di legge)
Topic 1.3 Lex certa principle (tassatività/precisione)
Sec. II
Topic 2.1 Relationship with secondary law
Topic 2.2 Blanket criminal provisions (norme penali in bianco)
Sec. III
Topic 3.1 Reservation to the law and EU legislation
Topic 3.2 Decree-law and legislative decree
Topic 3.3 Regional law
Topic 3.4 Custom
Sec. IV
The interpretation of criminal law
Topic 4.1 Interpretation techniques
Topic 4.2 Analogy in general
Topic 4.3 Analogy in criminal law and extensive interpretation
Case-study: group analysis and discussion
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On textbooks:
Marinucci-Dolcini-Gatta: Sec. II, Chap. II, pp. 49-124; Antolisei: Part I, Chap. II and III, pp. 65-102.
Week 3
Sec. I – The application of criminal law
Criminal law and time
Topic 1.1 The principle of non-retroactivity
Topic 1.2 Successive criminal laws (art. 2 of the Italian Criminal Code)
Topic 1.3 The principle of retroactivity in mitius
Sec. II
Topic 2.1. Emergency and temporary laws
Topic 2.2 Expiration and non-ratification of a decree-law
Topic 2.3 Unconstitutional laws
Topic 2.4 Tempus commissi delicti
Sec. III
Criminal law and space
Topic 3.1 The territory of the State
Topic 3.2 Offenses committed abroad
Topic 3.3 Political crimes
Topic 3.4 Common crimes committed abroad
Topic 3.5 Locus commissi delicti
Sec. IV
Criminal law and personal limits
Topic 4.1 Binding force of the criminal law
Topic 4.2 Immunities
Case-study: group analysis and discussion
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On textbooks:
Marinucci-Dolcini-Gatta: Sec. II, Cap. III, pp. 125-216 (except par. from 21 to 24, pp. 182-192, and letter D “Un sistema penale sovrastatuale”, pp. 202-216); Antolisei: Part I, Chap. IV, Sec. I, II and III, pp. 103-150, and additional teaching materials.
Week 4
Sec. I – The offense – systematic analysis and structure
Offense analysis and general theory
Topic 1.1 The bipartite, tripartite and quadripartite theories (teoria bipartita, tripartita, quadripartita)
Topic 1.2 ‘Tipicality’ (tipicità) and harm (offesa) to legal goods
Topic 1.3 Unlawfulness and blameworthiness
Sec. II
The structure of the crime. Objective element (actus reus)
Topic 2.1 The conduct
Topic 2.2 Commissive and omissive offense
Topic 2.3 The event
Topic 2.4 The material object
Sec. III
Causal relationship
Topic 3.1 The different theories
Topic 3.2 The criminal code regime
Topic 3.3 Concurrent causes
Sec. IV
Topic 4.1 ‘Proper’ and ‘improper’ crimes of omission (reati omissivi propri e impropri) and other classifications based on the structure of the fact
Topic 4.2 Causal relationship and ‘improper’ crimes of omission
Topic 4.3 The legal obligation to prevent an event
Topic 4.4 The ’position of guarantee’ (posizione di garanzia)
Case-study: group analysis and discussion
Workshop: the students will solve a practical case in criminal matters
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On textbooks:
Marinucci-Dolcini-Gatta: Sec. III, Chap. IV, V, and VI, pp. 217-318; Antolisei: Part II, Title I, Chap. I and Chap. II [Sec. I, II, III and IV], pp. 165-272.
Week 5
Sec. I – Justifications (scriminanti)
Topic 1.1 Lawful defense
Topic 1.2 State of necessity
Sec. II
Topic 2.1 Lawful consent
Topic 2.2 Exercise of a right and performance of a duty
Topic 2.3 Lawful use of arms
Sec. III
Topic 1. Negligent excess and error concerning justifications
Case-study: group analysis and discussion
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On textbooks:
Marinucci-Dolcini-Gatta: Sec. III, Chap. VII, pp. 319-388; Antolisei: Part II, Chap. II, Sec. V, pp. 272-320, and additional teaching materials.
Week 6
Sec. I – Blameworthiness – Mental element of the offense (mens rea)
Blameworthiness
Topic 1.1 Notion and constitutional basis
Topic 1.2 Psychological and normative theory
Topic 1.3 The so called ‘guilt of the perpetrator’ (colpa d’autore)
Sec. II
The mental element
Topic 2.1 Consciousness and will
Topic 2.2 Intention (dolo). Structure and object
Topic 2.3 Forms of intention
Topic 2.4 Ascertaining the intention
Workshop: the students will solve a practical case in criminal matters
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For the pages of the textbooks relating to the topics covered in this week, see week 8.
Week 7
Sec. III - The mental element
Negligence
Topic 3.1 The lack of will. The violation of precautionary rules
Topic 3.2 Generic and specific negligence (colpa generica e specifica)
Topic 3.3 Ascertaining the negligence
Topic 3.4 Foreseeability and avoidance of the event
Topic 3.5 Conscious negligence (colpa con previsione)
Topic 3.6 The so called ‘improper negligence’
Topic 3.7 Accident and force majeure
Sec. IV
Topic 4.1 The mental element in misdemeanours
Case-study: group analysis and discussion
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For the pages of the textbooks relating to the topics covered in this week, see week 8.
Week 8
Sec. V – Objective or strict liability and error
Objective or strict liability
Topic 5.1 Preterintentional crime
Topic 5.2 Crimes aggravated by the event (delitti aggravati dall’evento)
Topic 5.3 Offenses committed by means of the press
Topic 5.4 Strict liability and constitutional principles
Sec. VI – Error
Topic 6.1 Error and ignorance
Topic 6.2 Error of fact and error as to a law
Topic 6.3 Mistake of extra-criminal law
Topic 6.4 Error induced by deceit of others
Topic 6.5 The unavoidable ignorance of criminal law
Topic 6.6 The so called ‘inesigibilità’
Sec. VII – Error in executing an offense
Topic 7.1 Aberratio
Sec. VIII - Responsibility (imputabilità) and punishment
Responsibility (imputabilità)
Topic 8.1 The offender
Topic 8.2 Insanity and diminished responsibility
Topic 8.3 Responsibility and blameworthiness
Sec. IX - Punishability
Topic 9.1 Notion
Topic 9.2 Objective conditions of punishability
Topic 9.3 Circumstances precluding punishability
Topic 9.4 Extinction of the offense
Case-study: group analysis and discussion
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On textbooks:
Marinucci-Dolcini-Gatta: Sec. III, Chap. VIII and IX, pp. 389-554; Antolisei: Part II, Chap. III, pp. 321-436; Part III, Chap. II, pp. 609-642; Part IV, Chap. I [Sec. III], pp. 755-804; additional teaching materials.
Week 9
Sec. I – ‘Forme di manifestazione del reato’
Attempted crime
Topic 1.1 Consummation (consumazione del reato)
Topic 1.2 Preparation and punishable attempt
Topic 1.3 Acts aptly directed in an unequivocal manner towards commission of a crime (idoneità e non equivocità degli atti)
Topic 1.4 Intention in attempted crimes
Students will be divided into groups for the mock trial which will be held on week 12;
Topic 1.5 Voluntary withdrawal and active withdrawal (desistenza e recesso attivo)
Topic 1.6 Attempt in different types of crimes
Topic 1.7 Erroneously supposed offenses and impossible offenses (reato putativo e reato impossibile)
Topic 1.8 The ‘realistic’ theory
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For the pages of the textbooks relating to the topics covered in this week, see week 10.
Week 10
Sec. II
Complicity in the offense
Topic 2.1 Complicity in general
Topic 2.2 ‘Concorso eventuale e concorso necessario’
Topic 2.3 Different theories about complicity
Topic 2.4 Structure and requirements
Topic 2.5 Offense other than that desired by one of the participants (varianti individuali)
Topic 2.6 Complicity in the so called ‘reato proprio’
Topic 2.7 Consideration of circumstances (comunicabilità delle circostanze)
Topic 2.8 Collaboration in crimes of negligence
Sec. III
Multiple offenses (concorso di reati)
Topic 3.1 Formal multiplicity and material multiplicity
Topic 3.2 Continuing offenses
Topic 3.3 Complex offenses
Sec. IV
Matters governed by more than one criminal law or more than one provision if the same criminal law (concorso apparente di norme)
Topic 4.1 Principle of specialty
Topic 4.2 Absorption and consumption
Topic 4.3 Criminal progression
Topic 4.4 Non-punishable ante factum and post factum
Sec. V Circumstances of the offense
Topic 5.1 Notion
Topic 5.2 Classification
Topic 5.3 Criterion of imputation
Topic 5.4 Concurrence of circumstances
Topic 5.5 Recidivism
Workshop: mock trial preparation.
On textbooks:
Marinucci-Dolcini-Gatta: Sec. IV, V and VI, Chap. X, XI and XII, pp. 555-737; Antolisei: Part II, Title II, Chap. I, II, III and IV, pp. 437-594; Part I, Chap. IV, Sec. IV, pp. 150-162; Part III, Chap. III, n. 215, pp. 658-663, and additional teaching materials.
Week 11
Sec. I – Legal consequences of committing a crime
Topic 1.1 The purposes of punishment: types and features
Topic 1.2 Alternative punishments and collateral punishments (pene sostitutive e accessorie)
Topic 1.3 Computation of punishment
Topic 1.4 Extinction of punishment (in general) and conditional suspension of punishment
Sec. II – Security measures
Topic 2.1 Personal security measures (general provisions)
Topic 2.2 Security measures affecting property (general provisions)
Topic. 2.3 Confiscation
Workshop: mock trial preparation.
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On textbooks:
Marinucci-Dolcini-Gatta: Sec. VII, Chap. XIII, n. from 1 to 9 (pp. 738-825), n. 11 (pp. 858-860), n. 19 (pp. 871-881). Par. n. 10, from 12 to 18, and 20 are excluded. Chap. XIV, n. from 1 to 7 (pp. 897-910), n. 16 (p. 930), n. 18 (pp. 932-945). Par. from 8 to 15, 17, 19, and Chap. XVI are excluded. Antolisei: Part IV, Chap. I, Sec. I and II: pp. 675-740 (except n. 235, pp. 740-755 and Part III. Chap. I and Chap. III, from 209 to 214 and from 216 to 218, pp. 609-657, 664-671); Part IV, Chap. II, pp. 805-837 and additional teaching materials (except Chap. III: pp. 839-853).
Week 12
Sez. I – Restorative justice
Topic 1.1 General principles, aims and scope of application
Topic 1.2. Restorative justice programs
Topic 1.3 Criminal consequences
Mock trial
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On textbooks: Marinucci-Dolcini-Gatta: Sec. VIII, Chap. XV; Antolisei: additional learning materials.