CRIMINAL LAW I
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- DONATO CASTRONUOVO
- Credits
- 9
- Didactic period
- Primo Semestre
- SSD
- IUS/17
Training objectives
- Educational objectives.
The educational objective of the course is the in-depth theoretical knowledge of the general part of criminal law. This objective is to be achieved through participation in the lessons and individual study. Primary importance is given not only to the knowledge of criminal law categories but also to the acquisition of an adequate study methodology, which must be constitutionally oriented, systematic, case-law based, comparative, as well as focused on criminal policy and on the supranational dimension of criminal law (both EU and EHR Convention).
Therefore, the skills that the course intends to provide are the followings: the practical application of theoretical knowledge (principles and general categories of criminal law); the development of an autonomous capacity to analyse the provisions and the case-law; the ability to identify the legal provisions for the resolution of a certain case. Prerequisites
- Prerequisites
Students must have passed the exams of Constitutional Law and Institutions of Private Law. Course programme
- WARNING:
During the course, only the fundamental, more complex or illustrative topics will be dealt with in depth, according to the scan below. Therefore, the COURSE does not coincide with the EXAMINATION PROGRAM, which is obviously wider and coincides with the topics contained in the texts recommended for the preparation of the exam.
COURSE CONTENT:
The course will be divided into two main blocks.
Block one. INTRODUCTIVE AND GENERAL PROFILES (about 15 hours).
Relations between the general and the special part of criminal law.
Testing the implementation of general principles on the special part of criminal law: the contemporary transformation of fundamental principles in the law in action.
The current dynamics of the punitive system (in particular, confiscation and patrimonial sanctions, which will be dealt with in the conference of November 7).
Second block. CRIMINAL PROTECTION OF THE PERSON IN ITS INDIVIDUAL AND COLLECTIVE DIMENSION (about 45 hours of lessons).
(a) Crimes against life and physical integrity.
Type of murder, personal injuries, bodily harm, brawl. Problematic profiles in terms of application (subjects, causality, mens rea, dolus and neglicence) and respect for the principle of guilt (unintentional homicide and crimes aggravated by the event). Therapeutic activity and criminal responsibility. Failure to assist a person in danger.
(b) Crimes against public safety. The notions of common danger, disaster, health and environmental disaster. The main offences.
(c) Other profiles.
Drugs. Violence and threat. Torture. Sex crimes. Crimes against honour. Crimes against family.
(d) Examples and case studies.
In addition to the more institutional lessons, seminars with an illustrative and case-by-case approach (carried out by the Professor, by collaborators or by invited lecturers), dedicated to in-depth studies of relevant case law on part of the offences included in the program, will take place.
Attending lessons and passing optional criminal law exams will be preferential requirements for the assignment of the dissertation in Criminal Law 1.
Attendance at lectures - ascertained by signature collection - entitles the holder to access the December examination. Those who attend 80% of the lectures are considered ATTENDING STUDENTS. Didactic methods
- Teaching methods.
Lectures are based on institutional lessons and case law, possibly supplemented by conferences/seminars on topics pertinent to the course programme which will be promptly communicated.
In addition to the handbook, in-depth teaching materials will be used (in particular national and supranational legal texts, slides, judgments, essays and articles of doctrine).
In order to participate in the lessons and prepare for the exam, constant consultation of the Constitution and an updated Penal Code is recommended.
Students will be directly involved and solicitated to express their point of view on the issues proposed during institutional and case studies. Learning assessment procedures
- Exams.
In order to verify the student knowledge, there will be an oral exam.
The exam aims to ascertain the student knowledge of the topics analysed in the textbook, as well as the student's ability to fully understand the subject from a systematic point of view and to resolve concrete issues.
In particular, the oral exam is structured in two parts.
The FIRST PART provides for the formulation of three questions on different topics of the program contained in the textbook chosen.
The SECOND PART (only for students who have reached the pass-mark in the first part) provides for one or more final questions, formulated by the Professor of the Course, useful to better calibrate the final grade.
The final grade is determined by weighting the grades assigned in the two parts.
The pass-mark requires the students to know the fundamental aspects of the subject and to give an accurate overview of the topics asked. Therefore, the lack of knowledge of significant aspects concerning a principle or a fundamental category may result in failure to pass the exam.
In addition to the theoretical preparation assessed as indicated above, the following aspects weight on the final grade: 1) clarity of presentation; 2) ability to establish links between the criminal code and constitutional or supranational principles; 3) ability to formulate personal opinions consistent with the general principles of the subject; 4) ability to critically examine the norms and case-law guidelines. Reference texts
- Text-books.
Alternatively, at the student's choice ONE of the following hand-books:
1) FIANDACA, MUSCO, Diritto penale. Parte generale, 8. ed., Zanichelli, 2019 (or more recent editions);
or:
2) PULITANÒ, Diritto penale (parte generale), 8. ed., Giappichelli, 2019 (or more recent editions).
The textbook chosen must be entirely studied.
Exam program for ERASMUS STUDENTS:
1) CADOPPI, VENEZIANI, Elementi di diritto penale. Parte generale, 7. ed., Cedam, 2018 (or more recent editions).
FOR ALL STUDENTS:
for the preparation of the exam (as for the participation in the lessons) the constant consultation of the Constitution, the EHR Convention and an update italian Criminal Code is recommended.
