CRIMINAL JUSTICE

Provide the students with the legal tools to analyse, also with a comparative approach, the constitutional principles in criminal matters and the basic notions set out by the ‘general part’ of the Italian Criminal Code and by the Italian Criminal Procedural Code, by following the appropriate logical and legal approach.

The course will provide students with basic knowledge as to fully understand all the subjects addressed. Nonetheless, it may be useful to have basic notions of criminal law and criminal procedural law.

Knowledge and understanding: students – through course attendance and discussions on cases – will gain full knowledge of the constitutional principles in criminal matters, of the fundamental concepts related to the ‘general part’ of the Italian criminal law and of basic notions set out by the Italian Criminal Procedural Code. Students will also be able to interpret such concepts taking into account the relevant supranational and comparative regulatory framework. Such knowledge will be ascertained through the evaluation of participation in class discussions, an individual output and a final oral exam. Applying knowledge and understanding: Students, by learning the theory and the appropriate legal method, will be able to interpret and apply – also to cases and with a view to legal comparison – the fundamental principles and concepts of the ‘general part’ of the Italian criminal law and of the Italian Criminal Procedural Code. Such knowledge will be ascertained through the evaluation of participation in class discussions, an individual output and a final oral exam. Making judgements: Students, by making use of the appropriate study and research methods learned during the course, will be able to collect data and materials to analyse the relevant provisions, case law as well as scholars’ approaches related to Italian criminal law and procedure. Students, therefore, will gain the ability to evaluate such data and materials independently and to make critical judgements on the application of principles and fundamental categories to practical cases, also in a comparative dimension. Communication skills: at the end of the course students will be able to use the legal and technical vocabulary of criminal and law and procedure, addressing the legal issues at hand with terminological accuracy. Through the activities that will take place during the course, students will be able to put these communication skills into practice in various contexts 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 students to independently understand and interpret regulatory changes, new case law and scholars’ approaches related to the fundamental principles and concepts of Italian criminal law and procedure, also with a view to legal comparison.

Introduction to Italian Criminal Law General Principles The Offence Criminal Attempt Complicity in The Criminal Offence Circumstances Punishment Fundamental Principles of Criminal Procedural Law The Judge and The Parties Evidence Conclusion of The Preliminary Investigation Trial Appeals

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

Lessons; case-study, analysis and discussion; take-home assignments.

The final exam consists of an oral interview and students shall demonstrate that they have achieved the expected learning outcomes, with regard to the necessary knowledge of the fundamental concepts of Italian substantive criminal law (general part) and criminal procedural law. Student are also expected to prove that they are able to apply such concepts to concrete cases and to independently analyse relevant legislation and case law, as to develop an autonomous ability to study the subject. Students shall also be able to use the appropriate technical and legal vocabulary of criminal law and criminal procedure. The grade will be awarded in thirtieths and the following evaluation criteria will be taken into account: - attendance and participation in class discussion, knowledge and understanding of the fundamental concepts and principles of Italian substantive criminal law (general part) and criminal procedural law, ability to apply them to concrete cases (50%); appropriate use of the technical and legal vocabulary, ability to independently evaluate and analyse relevant sources (20%); individual output to be discussed during the final oral exam (30%). 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.