CRIMINAL PROCEDURE I
Academic year and teacher
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- Versione italiana
- Academic year
- 2015/2016
- Teacher
- DANIELE NEGRI
- Credits
- 9
- Didactic period
- Secondo Semestre
- SSD
- IUS/16
Training objectives
- The teaching course aims at providing students with competence in the fundamental institutions and dogmatic categories of Criminal Procedure by means of an up-to-date explanation of the constitutional and conventional principles, and of the rules on criminal jurisdiction,
The major learning goals are represented by the institutes of Criminal Procedure in their static and dynamic dimension, with reference to their relationship with the relevant constitutional and conventional principles. More specifically, once acquired knowledge on the subjects of the proceeding, on the acts and the consequences of the infringement of procedural rules, attention will be devoted to the functioning of the ordinary and special proceedings. The issue of precautionary measures and means to challenge judicial decisions will also be specifically dealt with.
The student will acquire the following fundamental capabilities: comprehension of the significance of the principles governing the criminal proceeding and its functioning; acquisition of an appropriate technical vocabulary; capability of understanding procedural provisions; ability of critically analyze problematic issues of the criminal proceeding, The ability of testing the compliance of legal provisions with superior sources of law will be develpoed. Prerequisites
- Good knowledge of Constitutional and Criminal Law. The knowledge of the basics of General Theory of Law and Civil Procedure is recommended.
BRIDGING COURSES: Constitutional Law, Institutions of Private Law, Criminal Law I. Course programme
- GENERAL FRAMEWORK: The rule of law within Criminal proceeding. Criminal jurisdiction within the Italian political system. Peculiarities of the relation between Criminal Law and criminal trial. Structures of the trial and procedural models. Chronological in-depth analysis of the reforms of Italian Criminal Procedure (5 hours).
"STATIC" FEATURES OF THE PROCEEDING: subjects of the proceeding. Jurisdiction and competence (6 hours). Fundamental procedural functions: accusation, defense, judgement (6 hours). Trial activities: effectiveness of acts and remedies for infringement of procedural rules. Categories of trial acts. The law of evidence (4 hours).
THE "DYNAMICS" OF THE PROCEEDING: Pre-trial investigations: from criminal record to the investigations of the criminal department and the prosecutor; capacities and powers of the indicted person and the victim. The criminal action (18 hours).
Pre-trial hearing (2 hours).
The hearing: preliminary activities; admission and gathering evidence; judgement (10 hours).
Special proceedings (8 hours).
Precautionary measures (6 hours).
Means of appeal: general principles and single means (5 hours).
Each of the explained issues will go together with the indication of the relevant legal sources and case-law.
For the purpose of the exam, the student should consult the detailed program available on the following web site: http://docente.unife.it/daniele.negri/programmi-dei-corsi/programma-2015-16-diritto-processuale-penale-i/view Didactic methods
- During the lectures the various institutions of the Criminal proceeding are explained. In this respect preliminary attention will be devoted to the Constitutional references of each topic addressed and to the principles enshrined in the International Charters of fundamental rights. Attention will be also payed to the historical and political context of each institution, through the presentation of the development of the proper dogmatic categories and the relevant case law. At the beginning of the course the Professor invites the students to express their knowledge and views on the Criminal proceeding as citizen and law students. The purpose is to steer the course towards the correction of the distortions caused by the media resonance of the Criminal proceeding. The course, initially based on purely frontal lectures, aims to become gradually more interactive. the students are indeed required to recognize the systematic connections with issues previously addressed, and to reflect on the compliance of specific provisions with superior sources of law. At the end of the course, a visit to an hearing will take place to allow the students to attend to the processual phase of the Criminal proceeding. Subsequently the contents of the hearing and concrete dysfunctions, possibly occurred during it, will be critically discussed in the class. Finally, depending on authorities’ authorization, a prison visit will be arranged in order to let the students truly understand the relevance of personal freedom, fundamental value on which the whole Criminal proceeding is based.
Learning assessment procedures
- Oral examination. The final grade is the results of at least two questions, one dealing with general topic (basically concerning a fundamental institute) and another on a more specific issue. The grade will be calculated as the mean score between the partial evaluation of the single answers. The failure in answering in a sufficiently correct way to one of the questions entails a third query, aimed at better clarifying the real competence of the student on that specific issue and on its general competence on the subject. Grades superior to 27/30 will be assigned to those students showing unequivocal capability of easily identifying the systematic connections within procedural provisions. In order to pass the examination with honors it is necessary to be able to address controversial issues of Criminal Procedure Law.
Reference texts
- G. CONSO - V. GREVI - M. BARGIS, Compendio di procedura penale, 7th ed., Cedam, Padova, 2014, pp. XLI-LXXVII, 1-252, 281-469, 485-496, 512-695, 698-780, 783-795, 797-883, 934-947, 953-1116.
Or, as an alternative, M. CHIAVARIO, Diritto processuale penale, 6th ed., Utet, Torino, 2015, pp. 1-302, 307-317 (§ 6.2. included), 318 (dal § 9)-552, 553-585, 626-705 (§ 8.4. included), 713-722 (§ 4.2.3. included), 724-804 (§ 8 included), 827-839 (§ 4.7.2. included), 843-860.
