CRIMINAL PROCEDURE

The Criminal Procedure course aims at providing students with the knowledge of the fundamental principles and legal institutions of the subject, keeping constantly attention on the practical implementation of legal rules. Moreover, the teaching activity intends to develop the aptitudes for legal analysis and reasoning, as well as the ability to apply the rules to real situations, also in consideration of the demands of a future professional activity.

Basic knowledge of Constitutional and Criminal Law.

Knowledge and understanding: Upon completion of the course, students will have acquired the command of the constitutional and supranational principles of the subject, as well as of its legal institutions. They will be able to deal confidently with the complexity of criminal procedure, conscious of the main issues faced in national and European case law. The teaching method will make use either of traditional lectures and of case discussion and role playing activities. Some particularly relevant themes will be examined through the intervention of experts, following a multidisciplinary approach. Acquired knowledge will be verified by a final oral exam. Applying knowledge and understanding: By virtue of the theoretic and methodological knowledge acquired during the course, students will be able to consult autonomously the sources of criminal procedure law and to give it a textual and systematic interpretation. The discussion of practical cases and the role playing activities will improve students’ abilities in the fields of legal analysis and reasoning, argumentation and implementation of abstract rules in order to solve concrete problems. These competences will be verified through a final oral exam. The continuous interaction between teacher and students, enhanced by practical exercises and seminars, will ensure a gradual assessment of either hard and soft skills. Making judgements: Following the course, students will acquire methodological instruments which will help them to research and interpret autonomously the sources of criminal procedure law. They will, then, be able to identify the main controversial issues involved by the different topics, as resulting from case law and legal doctrine, and to make personal judgements concerning the matters they will deal with. The special attention to “law in action” is expected to improve the ability to reconduct practical situations within the categories of criminal procedure and to find original solutions to concrete issues. Interactive teaching activities will allow students to employ these skills in a relational context. Communication skills: Upon completion of the course, students will master the criminal procedure vocabulary, using correctly specific legal terms. Rhetorical and communication skills will also be improved through the discussion of practical cases. Learning skills: Attendance of the course will enable students to identify and interpret autonomously the variations of criminal procedure law. The different teaching activities will ensure the development of research skills, as well as of the abilities to critically examine the relevant case law and legal doctrine, and to analyse and understand judgements of national and supranational courts. These skills will be useful either for postgraduate studies or for future professional activities in the criminal law filed.

The Criminal Procedure course aims at providing students with basic knowledge of the subject and with an in-depth analysis of relevant case law, always giving importance to the concrete implementation of legal rules and to the practical experience of trial. Lectures will deal with the following topics: Adversarial, inquisitorial and mixed systems; The history of Italian criminal procedure code; The sources of criminal procedure law; The constitutional principles concerning criminal procedure law; The subjects of preliminary investigations and trial; The acts, with special attention to the different species of invalidity; Evidence and search for evidence; Precautionary measures; The dynamics: preliminary investigations – preliminary hearing – trial – alternative proceedings – appellate remedies; The res iudicata.

Recommended handbook: Corso, P.M., Dinacci, F., Dominioni, O., Filippi, L., Gaito, A., Galantini, N., Garuti, G., Iasevoli, C., Mancuso, E. M., Mazza, O., Spangher, G., Varraso G., Procedura penale (latest edition). G. Giappichelli. Chapters XVIII, XIX, XX, XXI and XXII are excluded. It is also recommended to use the following code of criminal procedure: Kalb, L., Codice di procedura penale coordinato con le norme complementari (ultima ed.). Giuffrè.

- Traditional lectures - Role playing and other kinds of simulation - Case discussion

During the oral exam the student will be required to show that he/she knows and understands the fundamental principles and legal institutions of Criminal procedure and that he/she is able to apply them to practicalcases, also through the autonomous interpretation of relevant sources. The student is expected to be able to independently analyse relevant case law and legal doctrine, and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method, as well as the legal analysis and learning abilities, necessary to carry on, also independently, further study of the matter. The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: - knowledge and understanding of the notions and principles of the matter, ability to apply them to concrete cases (70%); - appropriate use of the technical and legal vocabulary, ability to find and interpret relevant sources and acquisition of the legal analysis and study method (30%). 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 and aptitude for the subject, legal analysis skills, good result in the final exam, course attendance.