40081 - Criminal Law (LM)

Learning outcomes

The aim of the course is to deepen some of the main criminal offences, considering also the decisions on the same topics. At the end of the course, students will get familiar with the special part of the penal code and know the main problems concerning the selected crimes.

Course contents

The "Penal Law (advanced)" course includes two modules whose purpose are to describe to the students the "special" part ("parte speciale") of the italian penal code through the analysis of some specific crimes (for example: crimes against public administration, crimes against life and against individual safety, etc.) and of the prevailing view taken by the decisions of the Courts with regards to them. At the end of the course the student will know both purpose and structure of the "special" part of the italian Penal code and the main part of the "computer crimes". On top of everything, will be able to understand contents, purpose of protection, different interpretations and problems with regards to every single type of crime. A good knowledge of the constitutional Principles and of the categories wich define the structure of each crime is essential in order to have a correct understanding of the whole course. All the students who did not achieve any knowledge of Penal Law during the previous degree courses they attended, are requested to plug their gaps with regards to the part which explains the Principle of Legality, the meaning and the structure of Crime, and the state of having committed a crime or offense, by reading the following book (CADOPPI-VENEZIANI, Elementi di diritto penale, parte generale, possibly last edition).
The main topics discussed during the course will be: the special part of italian Penal Code accordingly to the thinking of the lawmaker in 1930; the crimes against the Public administration, the crimes against life and individual safety, different types of homicide (voluntary, culpable, infanticide, etc. etc.), refusal of cures and therapies, responsability for HIV infecting, criminal conspiracy, "computer crimes", etc. etc.

Readings/Bibliography

For students attending classes:

1) BARTOLI-PELISSERO-SEMINARA, Diritto penale. Lineamenti di parte speciale, 2021, Giappichelli, Torino, with regards just to the following parts:

- PART ONE (Crimes against the person), chap. first (General Introduction) in full; chap. third (Murder crimes), First Section (willful murder), limited to the first 5 paragraphs (par. 6. therefore excluded); Section two (Manslaughter) in full; section three (Unintentional homicide) limited to the first 4 paragraphs (par. 5. therefore excluded)

- PART THREE (Crimes against the public administration), chap. first (General introduction. Subjective qualifications) in full; chap. second (The crimes of embezzlement) in full; chap. fourth in full; chap. fifth (Crimes of violation of functional duties) limited to par. 1 (Abuse of office - art. 323 of the criminal code) and par. 4 (Refusal of official documents. Omission-art. 328 of the criminal code);

- PART FIVE (Crimes against State security and public order), chap. third (Crimes against public order), first section (Associative crimes), limited to par. 1 (Associative crimes and art. 18 of the Constitution), par. 2 (Problems common to association crimes), par. 3 (Criminal association), par. 6 (The fight against the mafia), par. 6.1. (The phenomenon), par. 6.2. (Mafia-type association - art. 416bis). 

On the reform concerning the crimes against public administration (l. 3/2019):

2) "Diritto penale e processo", n. 5/2019, p. 600-618.

FOR ATTENDING STUDENTS, THE ABOVE PROGRAM MAY BE SUBJECT TO CHANGES THAT WILL BE DEFINED AND COMMUNICATED DURING THE COURSE.

Attending students are required to integrate the preparation with the sentences discussed in class and available in the section relating to the materials attached to the course.

For students not attending classes:

 Preparation on text and program provided for attending students, with the addition of the following part of the manual:

PART THREE chap. third (Crimes for the protection of public financing activities) in full

 

Optional readings:

T. PADOVANI, L. STORTONI, Diritto penale e fattispecie criminose. Introduzione alla parte speciale del diritto penale. Nuova edizione, Il Mulino, Bologna, 2006.

Teaching methods

Lectures will be oral and will deal with outlined topics.

Assessment methods

The exam will be oral.

Teaching tools

It will be absolutely fundamental for all the students to bring with them the last edition of the italian Penal Code while attending classes as well as while studyng for the exam. All the decisions discussed during classes will be available for all the students.

Office hours

See the website of Marco Orlando Mantovani

See the website of Antonio Bonfiglioli