CRIMINAL LAW

Provide the students 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: students – 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. Students 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, as well as to use the main criminal law research methods. Such knowledge will be ascertained through an oral exam. Applying knowledge and understanding: Students, 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. Students will also be able to use the main criminal law research methods, by drafting written texts and preparing oral presentations. Such knowledge will be ascertained through an oral exam. Making judgements: Students, 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. Students, 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. Students will be also able to identify concrete solutions to the legal issues at stake. Communication skills: at the end of the course students 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, students will be able to put these communication skills into practice in various contexts (individual or group) and forms, thus gaining advanced rhetorical skills and the ability to adapt the terms used to the context and to the interlocutor in the specific case. Learning skills: the knowledge gained during the course will allow students 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. In addition, through the participation in various workshops, students will improve his/her ability to use the basic methods to design, carry out and present the results of a research in the criminal law area.

The general principles in criminal matters; the criminal law; the 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 can prepare for the exam by studying the following textbook: Marinucci, Giorgio, Emilio Dolcini, and Gian Luigi Gatta. Manuale Di Diritto Penale. Parte Generale. XV ed. Milano: Giuffrè Francis Lefebvre, 2026.

Lessons; case-study: group analysis and discussion; practical workshops; podcasts; intermediate self-assessment tests; mock trials; preparation meetings before mock trials.

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 (25%). On the basis of the assessment criteria described above, for students who have attended at least 80 % of the lectures: participation in the practical activities will be considered for 25 % in the final examination; participation in the mock trials will be considered for 25 % in the final examination. The remaining 50 % of the mark will be attributed according to the assessment methods and criteria specified above in the context of the final oral interview. 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.