TRANSNATIONAL CRIMINAL LAW
Instructional goals
To provide students with a comprehensive overview of transnational crime and transnational criminal law, with the aim of enabling them to master the fundamental concepts of this area of law and to training professionals with diverse expertise, able of addressing complex regulatory challenges in global contexts. To this end, the course is divided into three main modules. The first is devoted to preliminarily introducing the students to the fundamentals of criminal law from a comparative perspective; the second is dedicated to EU and international legal sources, with a focus on the role of supranational courts, and particularly the protection of fundamental rights under the European Convention on Human Rights; the third addresses transnational crimes, by examining a selection of core examples (e.g. organized crime, environmental crime, corruption, cybercrime etc.).
Intended learning outcomes
Knowledge and understanding:
Student will be expected to understand and learn the basic notions of transnational crime and transnational criminal law. Students will be also expected to critically reflect on comparative and transnational criminal law concepts by reference to scholarship and case law, drawing connections between legal norms and broader questions of personal responsibility, State powers, protection of fundamental rights, transnational and multilevel dimension of criminal law and criminal enforcement.
Such knowledge will be ascertained through the evaluation of participation in class discussions, a written test and a final oral exam on course topics.
Applying knowledge and understanding:
By attending the course, students will be able to apply, also with regard to the resolution of practical cases, the relevant notions concerning comparative and transnational criminal law. In this way, students will have the basic knowledge of the subject at hand to participate in the job market as legal experts and advisors, able to master the fundamental concepts of this area of law and to address complex regulatory challenges in global contexts. Students will be also able to link the notions learned with topics related to other areas of law (e.g. comparative law, EU law, international law). This knowledge will be evaluated taking into account the results of students’ participation in class discussions, a written test and a final oral exam on course topics.
Making judgments:
By using a correct study and research methodology acquired during the course, students will be able to collect data and materials to analyze relevant regulations as well as the case law and the legal doctrine related to the subjects considered. Students will also be able to solve the issues related to comparative and transnational criminal law, understanding difference between legal systems and specificities of this area of law, with a focus on EU and international legal sources and actors, as well as core examples of transnational crimes.
Students will gain the ability to evaluate data and materials independently and to formulate their own critical judgment on the application of the fundamental principles and categories of comparative and transnational criminal law.
Communication skills:
At the end of the course students will be able to use the appropriate technical-legal vocabulary related to the subjects of the course, addressing the legal issues submitted to their attention with fluency and using the proper technical language. Students will be able to apply these communication skills in different contexts. Students will acquire argumentative skills as well as the ability to adapt the terms used to the context and to their interlocutor.
Learning skills:
The knowledge acquired during the course will allow students to independently understand and interpret regulatory changes. The application of notions acquired during the course will also provide students with that solid interdisciplinary knowledge necessary to undertake different postgraduate specializations in a global context.
Course Contents
Course Presentation
Defining Transnational Crime and Transnational Criminal Law
MODULE I - Introduction to the Fundamentals of Criminal Law from a Comparative Perspective
Selected Topics in Comparative Criminal Law. General Part
MODULE II - EU and International Legal Sources. The Role of Supranational Courts
Fundamentals of EU Criminal Law (EU Competences and Actors in Criminal Matters)
The European Convention on Human Rights and European Court of Human Rights
ECHR and Fundamental Rights related to Criminal Law. Interpretation and Relevant Cases
MODULE III - Transnational Crimes
The Fight Against Transnational Crime. International Legal Sources
Selected Topics in Transnational Criminal Law
Reference Books
Johannes Keiler, David Roef, Comparative Concepts of Criminal Law, 4th edition, Intersentia, 2025
Triestino Mariniello (ed.), Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law, The Judges Series, volume 8, Leiden: Brill, 2021
Neil Boister, An Introduction to Transnational Criminal Law, 2nd edition, Oxford, 2018
The indicated textbooks are to be studied with reference to the chapters specified in the syllabus.
Teaching Methods
Lessons; active participation and class discussions; analysis of cases.
Assessment Method
The final exam consists of an oral interview and students shall demonstrate that they have achieved the expected learning outcomes, firstly with regard to the necessary knowledge of the relevant areas of transnational criminal law included in the course programme.
Students shall be able to use an appropriate legal vocabulary and to prove that they are 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:
- attendance and participation in class discussion, appropriate use of the technical and legal vocabulary, ability to independently evaluate and analyse relevant sources (30%);
- written test (35%);
- final oral exam on course contents (35%).
Learning gaps concerning one or more notions will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter. Non-attending students will be required to submit two written papers as well as to take part in an oral interview on course topics.
Thesis assignment criteria
Interest in the course; good result/grades in the evaluation. Students interested in choosing this course for their final thesis shall submit a short abstract to explain their ideas.
Week 1
Course Presentation. Structure and Methodology
Defining Transnational Crime and Transnational Criminal Law
MODULE I - Introduction to the Fundamentals of Criminal Law from a Comparative Perspective
Differences between Common Law and Civil Law Systems
Selected Topics in Comparative Criminal Law. General Part
Punishment Theory
Principles of Criminalisation and the Limits of Criminal Law
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On textbook: Johannes Keiler, David Roef, Comparative Concepts of Criminal Law: Chap. 1, pp. 11-27, 39-50.
Neil Boister, An Introduction to Transnational Criminal Law, Part 1, Chap. 1, pp. 3-16, 17-42.
Week 2
The Harm Principle and the Ultima Ratio Principle
The Principle of Legality
The Elements of Crime
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On textbook: Johannes Keiler, David Roef, Comparative Concepts of Criminal Law: Chap. 1, pp. 53-62, 81-84. Chap. III, 89-103. Chap. IV, pp. 119-132.
Week 3
Actus Reus. Commission vs Omission
Causation
Mens Rea. Dolus
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On textbook: Johannes Keiler, David Roef, Comparative Concepts of Criminal Law: Chap. V, pp. 133-136, 145-150, 153-164. Chap. VI, pp. 167-174, 176-181. Chap VII, pp. 195-234.
Week 4
Recklessness/Negligence
Inchoate Offences. Attempt and Preparation
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On textbook: Johannes Keiler, David Roef, Comparative Concepts of Criminal Law: Chap. IX, pp. 293-296, 304-306, 308, 315.
Week 5
Forms of Participation
MODULE II - EU and International Legal Sources. The Role of Supranational Courts
Notion of European Criminal Law
Competences of the EU in Criminal Law Matters
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On textbook: Johannes Keiler, David Roef, Comparative Concepts of Criminal Law: Chap. X, pp. 329-347, 362-371.
Week 6
Relations Between EU Law and National Law. The Role of the European Court of Justice
The European Convention on Human Rights and European Court of Human Rights. An Overview
ECHR and Fundamental Rights related to Criminal Law. Interpretation and Relevant Cases
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On textbook: Triestino Mariniello (ed.), Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law – relevant sections to be specified.
Week 7
MODULE III - Transnational Crimes
The Fight Against Transnational Crime. Introduction
Right to Life - Art. 2 ECHR
Prohibition of Torture - Art. 3 ECHR
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On textbook: Neil Boister, An Introduction to Transnational Criminal Law, Part 1, Chap. 1, pp. 3-16.
On textbook: Triestino Mariniello (ed.), Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law – relevant sections to be specified.
Week 8
Selected Topics in Transnational Criminal Law:
i) Organized Crime
ii) Terrorism
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On textbook: Neil Boister, An Introduction to Transnational Criminal Law, Part 2, Chap. 7: 105-125, Chap. 8: pp. 126-145.
Week 9
Selected Topics in Transnational Criminal Law:
iii) Corruption
Right to Liberty and Security - Art. 5 ECHR
Right to a Fair Trial - Art. 6 ECHR
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On textbook: Neil Boister, An Introduction to Transnational Criminal Law, Part 2, Chap. 9: pp. 146-167.
On textbook: Triestino Mariniello (ed.), Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law – relevant sections to be specified.
Week 10
Written Test on Selected Course Contents
No Punishment Without Law - Art. 7 ECHR
The Ne Bis in Idem Principle
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On textbook: Triestino Mariniello (ed.), Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law – relevant sections to be specified.
Week 11
Selected Topics in Transnational Criminal Law:
iv) Money Laundering
v) Environmental Crime
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On textbook: Neil Boister, An Introduction to Transnational Criminal Law, Part 2, Chap. 10: pp. 168-186, Chap. 12: pp. 200-211.
Week 12
Selected Topics in Transnational Criminal Law:
vi) Cybercrime
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On textbook: Neil Boister, An Introduction to Transnational Criminal Law, Part 2, Chap. 11: pp. 187-199.