CRIMINAL LAW

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.

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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.

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

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.

Lessons; discussion of cases; practical workshops.

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.

Interest in the course; high grade as a result of the oral exam; attendance of the criminal law major.