CRIMINAL LAW 2

Maurizio Bellacosa

Instructional goals

Provide students with the legal tools to analyse criminal offences in the light of the ‘general part’ of Italian criminal law, also in a systematic perspective.

Prerequisites

The study of the ‘general part’ of the Italian criminal law.

Intended learning outcomes

Knowledge and understanding: the student – through course attendance, group discussions on cases and workshops – will gain full knowledge of the most important offences provided for by the Italian Criminal Code against the person, the honour, the property, the public order, the administration of justice and the public administration. The student will also learn to interpret such provisions in the light of the concepts related to the so called ‘general part’ of the Italian criminal 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 the criminal code provisions in the light of the concepts related to the so called ‘general part’ of the Italian criminal law, as well as to give a correct legal qualification to concrete cases. Such knowledge will be tested during workshops and, at the end of the course, it will be ascertained through an oral exam. Making judgements: The student, by making use of the proper study and research methods learned during the course, will be able to collect data and materials to analyse the relevant criminal code provisions, case law as well as scholars’ approaches related to the ‘special 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 fundamental categories of criminal law to criminal code offenses and to related 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 the so called ‘special part’ 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, 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 the student to independently understand and interpret regulatory changes, new case law and scholars’ approaches related to the provisions of the so called ‘special part’ of criminal law. In addition, through participation in the mock trial, the student will be introduced to the typical dynamics of the criminal trial, developing useful attitudes also in view of his future entry into the professional career.

Course Contents

The study of the most important offenses against the person, the honour, the property, the public order, the administration of justice and the public administration.

Reference Books

Bartoli, Roberto, Marco Pelissero, and Sergio Seminara. Diritto Penale: Lineamenti Di Parte Speciale. Torino: G. Giappichelli, II ed., 2022: https://tinyurl.com/m228uxj3

Teaching Methods

Lessons; discussion of cases; practical workshops.

Assessment Method

Oral exam. 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 offences provided for by the Italian Criminal Code and included in the course programme. The student shall also demonstrate, in the interpretation and application of the provisions of the ‘special part’ of the Italian Criminal Code, the knowledge of notions and fundamental concepts of the ‘general part’ of criminal law. The student shall be able to use an appropriate legal vocabulary and to give a correct legal qualification to concrete cases. The student is also expected to prove that he/she is able to independently analyse relevant legislation and case law, as to develop an autonomous ability to study the subject. The grade will be awarded in thirtieths and the following evaluation criteria will be taken into account: - knowledge and understanding of the offences provided for by the Italian Criminal Code included in the course programme, ability to apply to these offences the fundamental concepts of the ‘general part’ of criminal law and to give a correct legal qualification to concrete cases (70 %); appropriate use of the technical and legal vocabulary, ability to independently evaluate and analyse relevant sources, activities carried out during the course (30%). With reference to the latter evaluation criterion, the participation in the workshops and other course activities mentioned above will be taken into account. Learning gaps concerning one or more notions or offences will lead to an insufficient

Thesis assignment criteria

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