INTERNATIONAL CRIMINAL PROCEDURE
Academic year and teacher
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- Versione italiana
- Academic year
- 2017/2018
- Teacher
- CRISTIANA VALENTINI
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/16
Training objectives
- The course aims at completing the fundamental teachings concerning the field of criminal procedure, providing the students with essential knowledge related to the jurisdictional relations with foreign authorities in criminal matters.
The course aims at providing the students with the following principal concepts:
a) knowledge of legislative profiles of the institution regulated by book XI of the Italian Code of Criminal Procedure and Euro Unitarian regulation concerning the obtainment of evidence and the surrender procedures of the (convicted) defendant for transnational crimes;
b) knowledge of the principal jurisprudential tendencies (by National, European and International Courts) regarding the cooperation between states against transnational crimes: in this category are also included core crimes, traditionally judged by International Courts (International Criminal Tribunal for the former Yugoslavia and International Criminal Court).
The students will achieve these principal skills (these are the abilities to apply their knowledge):
a) in order to get a sufficient mark (from 18 to 24):
- comprehension and use of the vocabulary of this subject, also studying judicial decisions by National and Foreign Authority;
b) in order to get a good mark (from 25 to 27), in addition to the skills indicated by letter a):
- ability to understand and to explain how the jealous protection of national sovereignty can sometimes limit the relations between foreign authorities in the struggle against crimes;
c) in order to get an excellent mark (from 28 and more), in addition to the skills indicated by letters a) and b):
- ability to suppose possible solutions to problems caused by an unjustified refusal to cooperation between states in order to fight the crimes, also referring to knowledge acquired during Criminal Procedure, Criminal Law, Administrative Law and Constitutional Law basic courses;
- ability to identify and recognize the essential structure of principal acts, which are needed to communicate with Foreign Authority (European arrest warrant, European protection order and, de iure condendo, European investigation order). Prerequisites
- The course requires a certain knowledge of the Italian Code of Criminal Procedure, especially of these parts related to evidence, precautionary measures, preliminary investigations and trial.
A general knowledge of European Union Law (following the Lisbon Treaty) and Public International Law is also useful.
You must have passed the exams concerning Criminal Procedure (as for three-year course) and Criminal Procedure I (as for Master Degree, past organization) and Criminal Procedure (as for Master Degree, new organization). Course programme
- 1. Introduction to the course (2 hours);
2. International criminal justice (8 hours);
3. EU Criminal Cooperation (8 hours);
4. Criminal Cooperation in italian Code of Criminal Procedure (12 hours);
5. Criminal judicial assistance, death penalty and "41bis" (2 hours);
6. Seminars: Kunarac, Kovac and Vukovic case and Hurst case (6 hours). Didactic methods
- Both lectures and seminars.
During the lectures, with regard to each topic, the normative structure will be explained and then the most relevant issues will be presented; finally the students will be invited to discuss these topics, also with the perspective to find possible solutions to the problems established.
During the seminars the students will be asked to participate actively.
The students will be provided by the teacher (with a reasonable advance before the class) with informative, doctrinal, jurisprudential, news documents and (if possible removing sensible data) with documents related to practical cases, really happened. Each lecture will start with the exposition of a controversial issue; then a discussion will take place between the students who intend to ask questions or to present the documents studied for the lessons to the teacher and to the colleagues. Learning assessment procedures
- Except the preappel (May 2018), both attending and non attending students have to take an oral exam.
Attending students (at least 80% attendance) will be generally asked three questions. In order to give an overall assessment of the oral test the active participation of the student will be also basically considered as a fourth question.
Non attending students will be generally asked four questions. For each exam the final evaluation will be given considering the average of the marks received for each answer.
Assessment criteria for all the students will be:
1. Knowledge of specific topics of the subject;
2. Ability to summarize and to make connections between different topics of the subject and also between different subjects of the programme;
3. Knowledge, comprehension and use of the specific language.
Partial tests will not be held. Only attending students will be allowed to take the exam in May 2018. The preappel will take place in written form (three open questions). Reference texts
- ATTENDING STUDENTS: they will be able to prepare for the special part of exam studying their notes and also documents provided by the teacher
NOT ATTENDING STUDENTS:
1. Sources of law: Code of Criminal procedure (Articles 696-746quater); EU Framework Decision 2002/584/JHA; EU Directives 2011/99/EU, 2014/41/EU; Statute of Rome.
2. F. Trapella, "Rogatoria internazionale", "Il penalista. Bussole", January 11, 2018.
3. F. Trapella, Il provvedimento che attua la Convenzione di Bruxelles del 2000: una lunga gestazione e un destino incerto, Processo penale e giustizia, 2018, pp. 114-130.
4. F. Trapella, Dal genocidio al ginocidio. Spunti per una riflessione sulla tutela della vittima secondo i tribunali penali internazionali, Cassazione penale, 2017, pp. 4211-4224.
5. F. Ruggieri, Ordine di protezione europeo e legislazione italiana di attuazione: un’analisi e qualche perplessità, Processo penale e giustizia, 2015, vol. 5, pp. 99-105.
6. M. Caianiello, La nuova direttiva UE sull’ordine europeo di indagine tra mutuo riconoscimento e ammissione reciproca delle prove, Processo penale e giustizia, 2015, vol. 3, pp. 1-11.
7. V. Fanchiotti, M. Miraglia, J.P. Perini, La Corte penale internazionale. Profili sostanziali e processuali, Torino, 2014, pp. 1-56; 177-202.
Non attending students should also consult an European Criminal Procedure Handbook in order to acquire knowledge of changes caused by Lisbon Treaty into the field of judicial and police cooperation in criminal matters (this is the communitarization of the third pilar). The reference text could be R.E. Kostoris (a cura di), Manuale di procedura penale europea, seconda edizione riveduta e ampliata, Milano, ed. Giuffré, 2015, pp. 1-61 (limited to the first part, concerning “Le fonti”).
