CRIMINAL LAW II

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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 objective.
The educational objective is to achieve an advanced theoretical and practical preparation on criminal law. This objective is to be achieved through participation in the lessons and through individual study. The course represents an advanced stage of Criminal law 1 and its specific aim consists in an in-depth analysis of some fundamental issues of contemporary criminal law.
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 course intends to provide the students with the ability to apply the theoretical knowledge of "general part" (Criminal Law 1) in the context of the "special part" or before important criminal issues.

Prerequisites

Prerequisites.
Students must have passed Institutions of Private Law, Constitutional Law and Criminal Law I. Students must have a solid knowledge of the general principles and institutions of the so-called "general part" of criminal law.

Course programme

PRELIMINARY WARNING:
During the course, only the central topics and those considered most complex will be dealt with in depth, according to the scansion shown below. Therefore, the contents of the COURSE do not coincide with the EXAMINATION PROGRAMME, which is obviously more extensive (and coincides with the topics contained in the recommended manuals for exam preparation and in the teaching materials indicated).

COURSE CONTENTS:
The course will be divided into FIVE BLOCKS.

I. INTRODUCTIVE PROFILES (approx. 6 hours of lecture). Relationship between general and special part. Structure of the special part and legal goods. The different types of rules in the special part. Evolution of the special part of the Rocco Code. Decodification and code reservation. Protection of life and limb in the twofold dimension of individual and collective.

II. CRIMES AGAINST LIFE AND PHYSICAL INTEGRITY AS INDIVIDUAL GOODS (approximately 18 hours of lecture).
Goods and techniques of protection. Bioethics and criminal biolaw: issues concerning the beginning and end of life. The crimes of homicide, injury, battery, hit-and-run. Therapeutic activity and criminal liability. Problematic profiles in terms of application (subjects, causality, guilt, wilful misconduct) and respect for the principle of culpability (manslaughter, crimes aggravated by the event).

III. CRIMES AGAINST PUBLIC INCOME (approximately 4 hours of lecture).
The notions of "common danger", "disaster", "health" (and "environmental") disaster. The main intentional and culpable offences of common danger.

IV. STUDY OF SIGNIFICANT CASES concerning the protection of life and safety in the individual and collective dimensions (approximately 12 hours of lesson).
Eternit, Ilva, ThyssenKrupp and Porto Marghera Petrochemicals.

V. OTHER FORMS OF PERSONAL PROTECTION (Prof. Venturoli - about 20 hours of lecture).
a) The incrimination of modern forms of slavery: slavery; use of minors in begging; illegal brokering and exploitation of labour; organ trafficking.
b) Crimes against physical and mental freedom: kidnapping; violence and threats; persecution; torture.
c) Crimes against inviolability and sexual freedom: sexual violence, pornography and child prostitution.

Attendance at lectures - ascertained by signature collection - entitles the holder to take a differentiated examination programme (see below Handbook) and to access the December examination. Those who attend 80% of the lectures are considered ATTENDING STUDENTS.

Didactic methods

Teaching is based on frontal lectures of an institutional nature, in-depth thematic focuses and seminars dedicated to individual cases (case law), which may be supplemented by conferences/seminars on topics relevant to the course programme (and which will be notified in good time).

In addition to the textbooks, the use of in-depth teaching materials, in particular: national and supranational regulatory texts, slides, judgments, essays and articles of doctrine, is envisaged in the lessons.

The constant consultation of the Constitution and an up-to-date Criminal Code is recommended for participation in the lectures and preparation for the examination.

The teaching method relies on the direct involvement of students during the institutional lectures, thematic focuses, case seminars, through the solicitation to express their own point of view on some of the proposed issues.

Learning assessment procedures

Exams.

In order to verify the student knowledge, there will be an oral exam.

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, a fundamental category of criminal law, a certain crime or the case that must be exposed 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

Handbook.

1) Viganò, a cura di, Reati contro la persona, Giappichelli, Torino, 2022 (isbn: 9788892123335), for ATTENDING students chapters I, II, III, V, VI e VII; for NON-ATTENDING students also chapter IV (delitti contro l'onore).
2) Fiandaca-Musco, Diritto penale. Parte speciale, vol. I, Zanichelli, Bologna, VI ed., 2021 (isbn: 9788808521071), limited to chapter VI (delitti contro l’incolumità pubblica) and the first 3 paragraphs of chapter VII (delitti contro l’ambiente).
3)IN ADDITION, for case studies: FOFFANI/CASTRONUOVO (ed.), Casi di diritto penale dell'economia, vol. II, Impresa e sicurezza (Porto Marghera, Eternit, Ilva, ThyssenKrupp), il Mulino, Bologna, 2015. For ATTENDING student, the case to be presented in the exam will be chosen by the candidate. For NON-ATTENDING, it will instead be chosen by the Commission.
The study of each case requires the study of two chapters of the volume. The cases and corresponding chapters are as follows:
1. Petrochemical plant of P.to Marghera: Chapters X and XI;
2. Eternit: Chapters XII and XIII;
3. Ilva: Chapters XII and XIV;
4. ThyssenKrupp: Chapters XV and XVI.
In essence, the study of the Ilva case, like the others, is divided into two chapters: Chapters XII (which serves as a preface to both the study of the Eternit case and the Ilva case) and XIV.
The case to be set out will be different from any case already set out in the Criminal Law I examination in previous years.

STUDENTS OF A.A. PRIOR TO 2019/2020 may continue to refer to the old syllabus and, therefore, to the texts recommended by the teacher already holding the course.

Examination programme for ERASMUS STUDENTS
ERASMUS students can refer to the syllabus for ATTENDING STUDENTS as indicated above (thus, they can choose the case to be presented in the exam).

FOR ALL:
Constant reference to the Constitution, the ECHR and a Criminal Code (in any of the available editions, as long as they are up-to-date) is recommended for the preparation of the examination (and for participation in the lectures).