CRIMINAL PROCEDURE
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- STEFANIA CARNEVALE
- Credits
- 9
- Curriculum
- Operatore di polizia giudiziaria
- Didactic period
- Secondo Semestre
- SSD
- IUS/16
Training objectives
- The course covers a core subject in the specific address of the degree course in Criminal police. The course aims to provide students with the knowledge of the foundations of criminal procedure, with particular attention to the areas where police and other law enforcement agencies, as well as judiciary officers, operate. The highest attention will therefore be paid to the investigation stage, the trial stage, the rules of evidence and the application of precautionary measures. The course will provide also the basics for special proceedings and appellate remedies.
The learning goals are manifold.
Knowledge:
Firstly, the course provides knowledge of the theoretical basis and the regulatory framework of criminal procedure, cornerstone discipline for the professions which the degree program is addressed to (police force, bailiff, Court registry officer, public prosecutor secretary, correction officer). Since in previous semester students acquire the knowledge of the general theory of the process and of civil procedure fundamentals, the course is designed to supplement the knowledge of procedural law with regard to criminal matters, in line with the main objectives of the degree course. Students will become familiar with the vocabulary of criminal procedure, with its main institutions and with its dynamic connections.
Secondly, the course will focus on some practical aspects involved in the professions exercisable with the bachelor’s degree. With this aim, judicial decisions and legal documents will be analyzed, some specific segments of the criminal proceedings will be fully investigated, the latest legislative reforms will be discussed and assessed. There will be seminars with experts working in the field of criminal justice, in order to enhance student’s employability skills.
Skills:
Students are expected to acquire different skills: the understanding of the criminal proceedings guiding principles, structure, acts and grounds of invalidity; the ability to place the main institutions of the criminal proceedings in the investigation, detection and prosecution of criminal offences; the ability to recognize the roles of the different persons involved in the criminal proceedings and the degree of cogency of the rules applicable to individual cases; the ability to interpret the criminal procedure rules and apply them correctly; the acquisition of a correct legal terminology. Prerequisites
- To attend classes, students must possess a sound knowledge of constitutional law, which is the foundation of the criminal procedure regulation. They should also have knowledge of the general theory of jurisdiction and of the fundamental institutions of criminal law.
To sit the exam, students have to pass the examination of Criminal Law I. Course programme
- Section I (6 h)
Definitions: from “Criminal procedure” to “Procedural criminal law” – Functions and paradigms of procedural rules in criminal matters – Historical background and evolution of criminal procedure regulation in the Italian law ¬– The transition to the adversary system –
The role of constitutional and conventional principles in criminal proceedings
Section II (20 h)
The features of the judge under the Italian Constitution – Jurisdiction and competence – Incompatibility, abstention and recusal – The role of public prosecutor in criminal matters: constitutional principles and main functions – Criminal police: functions, organization, relations with public prosecutor – The accused person and his constitutional rights – The victim and the other private parties standing in the Italian criminal trial – The acts of the proceedings: the principle of legality in criminal procedure and the consequences of breach of procedural rules – The offence notice and the requirements for prosecution .
Section III (16 h)
Preliminary investigations: public prosecutor and police activities – Special evidentiary hearing – The request to drop the case – Notice to the suspect on the conclusion of preliminary investigations – Preliminary hearing – The “double dossier” system: the trial dossier and the investigative dossier
Section IV (12 h)
The trial – Law of evidence – Means of evidence and exclusionary rules – Challenging witness statements – Allowed readings – Changes to the accusation – Final debate and judgment
Section V (6 h)
The limitations of personal freedom: the constitutional framework – Arrest in flagrante delicto ad temporary detention – The precautionary measures: conditions of applicability, features, precautionary procedure, selection criteria – Challenging the application of precautionary measures – Special proceedings – General rules on appellate remedies. Didactic methods
- Lectures (in Italian). The description of the theoretical framework and of the current legislation will be accompanied by constant references to the constitutional provisions, which are the bedrock of the criminal process. During class, the main legal institutions regulated by the Italian code of criminal procedure will be examined. Particular attention will be paid to the rationale of the solutions adopted by law drafters in recent history, with a constant focus on the most controversial issues discussed in the public debate. Students will be involved in the analysis and discussion of case studies, so as to apply the acquired knowledge. Students attending the course can take advantage of shared teaching materials, such as slides, Constitutional Court decisions, Supreme Court case law, judicial documents (through direct distribution in the classroom, projection during lessons, sharing through reserved web tools). Seminars with invited speakers working in the criminal justice field will be organized, in line with the highly specializing nature of the training course.
Learning assessment procedures
- Oral exam. The knowledge of the main rules of criminal procedure will be verified, as well as the understanding of the problematic aspects of the discipline and the ability to link its legal institutions. The students have to demonstrate their capability to recognize the impact of the constitutional principles in the different institutions of the criminal procedure. The final grade takes into account the way students present their arguments, their autonomy in providing answers and the use of appropriate terminology.
The examination interview consists of two questions, the first usually dealing with general topics, the second involving more specific issues. The final grade is the result of the average of the evaluations obtained in the two parts of the exam. The failure in answering in a sufficiently correct way to one of the questions entails a third query, aimed at better clarifying the student’s knowledge on the subject. A third question can also be asked in order to improve the final grade. Reference texts
- P. Tonini, Lineamenti di diritto processuale penale, Giuffrè, latest available edition.
In order to download the file with the detailed syllabus, please visit the “Materiale didattico” section of this website (Italian version).
