CRIMINAL LAW

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.

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.

No specific prior knowledge is required, as the course will provide students with basic knowledge to fully understand all the subjects covered.

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

Students will be able to prepare for the exam by studying the materials made available on MyLuiss platform.

Lectures; discussion of case studies with students; intermediate self-assessment tests.

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.

Interest in the course; good result/grades in the evaluation.