Instructional goals
Provide students with the legal tools required to analyse the constitutional principles governing criminal law and the fundamental notions set out by the ‘general part’ of the Italian Criminal Code.
Intended learning outcomes
Knowledge and understanding: Through course attendance and case discussions, students will gain a sound knowledge of the constitutional principles governing criminal law and the fundamental concepts related to the ‘general part’ of Italian criminal law. Students will also be able to interpret these principles and concepts in light of the relevant supranational and EU legal framework. Such knowledge will be assessed through a final oral examination.
Applying knowledge and understanding: By acquiring the relevant theoretical knowledge and legal methodology, students will be able to interpret and apply the fundamental principles and concepts of the ‘general part’ of Italian criminal law to practical cases. Such knowledge will be assessed through a final oral examination.
Making judgements: Using the study and research methods learned during the course, students 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. They will develop the ability to assess these materials independently and critically evaluate the application of criminal-law principles and categories to practical cases.
Communication skills: By the end of the course, students will be able to use criminal-law terminology appropriately. Course activities will enable them to communicate legal arguments effectively in different settings and to adapt their language to the relevant audience and context.
Learning skills: The knowledge and methods acquired during the course will enable students to independently understand and interpret legislative developments, new case law and scholarly debates concerning the fundamental principles and concepts of Italian criminal law.
Prerequisites
No specific prior knowledge is required, as the course will provide students with basic knowledge to fully understand all the subjects covered.
Course Contents
Introduction to Italian Criminal Law. General principles
The criminal offence. Actus reus and mens rea
Justification defences
Criminal attempt
Forms of participation
Circumstances
Punishment. Security measures
Reference Books
Students will be able to prepare for the exam by studying the materials made available on MyLuiss platform.
Teaching Methods
Lectures; discussion of case studies with students; intermediate self-assessment tests.
Assessment Method
For attending students (attendance of 80% or more):
a midterm test assessed on a pass/fail basis. Only students who meet the required attendance threshold will be eligible to take the test;
students who pass the midterm test will take a final oral examination covering the course topics, excluding those assessed in the midterm test.
Non-attending students, as well as students who do not pass the midterm test, will take an oral examination covering the entire course syllabus.
The grade will be awarded in thirtieths and the following evaluation criteria will be taken into account: attendance and participation in class discussion and appropriate use of the technical and legal vocabulary (30%); knowledge and understanding of the fundamental concepts and principles related to the ‘general part’ of Italian criminal law and ability to apply them to concrete cases (70%).
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.
Thesis assignment criteria
Interest in the course; good result/grades in the evaluation.
Week 1
Functions of criminal law in the Italian constitutional framework
General principles. Legality
Lex scripta principle
Week 2
Lex certa principle
The interpretation of criminal law. Analogy
Week 3
The principle of non-retroactivity
Practical session. Case analysis and discussion
Week 4
The criminal offense. Actus reus
Crimes by commission and by omission
Causation
Week 5
Causation (crimes by omission)
Justification defences
Practical session. Case analysis and discussion
Week 6
Main justification defences
Culpability principle. The mental element of the offense (mens rea)
Week 7
Midterm test
Week 8
Intent
Negligence
Practical session. Case analysis and discussion
Week 9
Strict liability
Error
Criminal capacity
Practical session. Case analysis and discussion
Week 10
Punishability
Inchoate offences. Attempt
Week 11
Forms of participation
Circumstances of the offense
Week 12
Apparent conflict of criminal provisions and concurrence of offences
Punishment. Security measures
Practical session. Case analysis and discussion