CRIMINAL LAW 2
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.
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, as well as to use the main criminal law research methods. Such knowledge will be ascertained through an oral exam.
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. The student will also be able to use the main criminal law research methods. Such knowledge 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 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 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 the participation in various workshops, the student 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.
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, Pelissero Marco, e Seminara, Seminara. Diritto Penale: Lineamenti Di Parte Speciale. Torino: G. Giappichelli, IV ed., 2025: https://luiss.alma.exlibrisgroup.com/discovery/openurl?institution=39LLUISSGC_INST&rfr_id=info:sid%2Fsummon&rft_dat=ie%3D51232614330004196&lang=it&svc_dat=CTO&u.ignore_date_coverage=true&vid=39LLUISSGC_INST:Services
Teaching Methods
Lessons; case-study: group analysis and discussion; practical workshops; podcasts; intermediate self-assessment test on course topics; mock trials; preparation meetings before mock trials.
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 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 (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 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 offences 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
Presentation of the course
Introduction to the study of the so called ‘special part’ of the Italian criminal law
CRIMES AGAINST THE PERSON
Sec. I – Crimes against the life and safety of individuals: general overview
Topic 1.1 Homicide. Issues and means of protection
Topic 1.2 Medical malpractice
Topic 1.3 Homicide (art. 575 of the Italian criminal code)
--.
On textbook:
Part I, Chap. I, III, pp. 3-24; 37-65
Week 2
Topic 1.4 Preterintentional homicide (art. 584)
Topic 1.5 Death or injury resulting from another crime (art. 586)
Topic 1.6 Negligent homicide and vehicular homicide (omicidio stradale) (arts. 589 and 589-bis)
---
On textbook:
Part I, Cap. III, pp. 66-77; 83-96.
---
To listen prior to the next practical activity (week 3):
Podcast – Vehicular homicide
On textbook: Part I, Chap. III, pp. 70-78
Week 3
Topic 1. Healthcare activity. End-of-life issues and arbitrary medical treatment
On textbook: Part I, Chapter III, pp. 79–82
---
Podcast on Vehicular Homicide – Discussion – Quiz
Week 4
Sec. I
Topic 1.7 Assault (percosse) (art. 581) and personal injury (lesioni) (arts. 582 and 590
Sec. II
Topic 1.8 Stalking (art. 612-bis)
---
On textbook:
Part, Chap. IV, pp. 97-106; Chap. VI, pp. 165-171.
---
Case-study: group analysis and discussion
---
To be listened to in preparation for the next practical activity (week 5):
Podcast – Art. 590 sexies c.p.
Podcast – Torture
On textbook: Part I, Chap. III, pp. 79-82; Chap.VI, pp. 176-184
Week 5
Sez. III – Crimes against honour
Topic 3.1 Crimes against honour: a general overview after the Legislative Decree No. 7/2016
Topic 3.2 Defamation (art. 595)
Topic 3.3 Defamation by means of press
Topic 3.4 Online defamation
Topic 3.5 Right to inform and right to criticize
Topic 3.6 Cases of exemption (esimenti speciali)
Case-study: group analysis and discussion
----
On textbook: Part I, Chap. VIII, pp. 227-244
---
Podcast on Article 590-sexies of the Criminal Code – Discussion – Quiz
Podcast on Torture – Discussion – Quiz
Week 6
CRIMES AGAINST PROPERTY
Sec. I – Crimes against property. General notions
Topic 1.1 Definition of ‘property’
Topic 1.2 Definition of ‘property of another’ (cosa/altruità)
Topic 1.3 Definition of ‘damage’ and ‘profit’
Topic 1.4 Criminal law definition of ‘possession’
Sec. II
Theft (art. 624)
Topic 2.1 Material object
Topic 2.2 Conduct: ‘taking away’ (sottrazione) and ‘taking possession’ (impossessamento)
Topic 2.3 The intention of gaining a profit
Sec. III – Other crimes against property
Topic 3.1 Robbery (art. 628)
Topic 3.2 The so called ‘proper’ and ‘improper’ robbery (rapina propria e impropria). Attempted robbery
---
On textbook:
Part II, Chap. I, II, III, pp. 245-305. Pp. 379-390
Week 7
Sec. III – Other crimes against property
Topic 3.1 Misappropriation (art. 646)
Topic 3.2 Fraud (art. 640)
Topic 3.3 Extortion (art. 629)
----
On textbook: Part. II, Chap. III, pp. 306-316; Chap. IV, pp. 327-341; Chap. VI, pp. 390-402.
----
Case-study: group analysis and discussion
Week 8
Sec. I – Receiving of stolen goods (ricettazione) and money laundering crimes (arts. 648 ff.)
Topic 1.1. Receiving of stolen goods and acquisition of property of suspect origin (incauto acquisto) (arts. 648 and 712)
Topic 1.2. Money laundering and self-money laundering (arts. 648-bis and 648-ter.1)
Topic 1.3 Utilisation of money, goods or benefits of unlawful origin (art. 648-ter)
On textbook: Part II, Chap. VII, pp. 413-440
---
Case-study: group analysis and discussion
Week 9
CRIMES AGAINST PUBLIC ADMINISTRATION
Sec. I
Topic 1.1 The evolution of the legal framework
Topic 1.2 Subjective qualifications (arts. 357 ff.)
Sec. II
Topic 2.1 Embezzlement (peculato) (art. 314)
Sec. III– Corruption
Topic 1.1 The evolution of the legal framework
Topic 1.2 Corruption for the exercise of the function (art. 318)
Topic 1.3 ‘Proper’ corruption (art. 319)
Topic 1.4 Corruption in judicial proceedings (art. 319-ter)
---
On textbook: Part III, Chap. I, II, pp. 441-480.
Part III, Chap. IV, pp. 536-558
Week 10
Sec. IV
Topic 4.1 ‘Concussione’ (art. 317)
Topic 4.2 Undue induction to give or promise benefits (art. 319-quater)
---
On textbook: Part III, Chap. IV, pp. 511-535.
---
To listen prior to the next practical activity (week 11):
Podcast – Crimes against the administration of justice
Week 11
Topic 4.3 Illicit influence trafficking
Topic 4.4 Abuse of office and its repeal
On textbook: Part.III, Chap. IV, pp. 559-572; 485-492; 559-572
Podcast on Crimes against the administration of justice – Discussion – Quiz
---
To be listened to in preparation for the next practical activity (week 12):
Podcast – International corruption
Podcast – Political–mafia electoral exchange (Art. 416-ter of the Criminal Code)
Reference pages for the podcast:
Part III, Chapter I, pp. 463–465
Part V, Chapter III, pp. 870–875
Week 12
CRIMES AGAINST PUBLIC ORDER
Sec. I – Criminal association
Topic 1.1 Criminal association (art. 416)
Topic 1.2 Mafia-related criminal association (art. 416-bis)
Sec. I
Topic 1.2 Mafia-related criminal association (art. 416-bis)
Topic 1.3 External complicity in mafia criminal association (concorso esterno)
---
On textbook Part V, Cap. I and III, pp. 781-789; 821-832; 852-869.
---
Podcast on Political–mafia electoral exchange (Art. 416-ter of the Criminal Code) – Discussion – Quiz
Podcast on International corruption – Discussion – Quiz
---
Mock trials