00231 - Criminal Law (M-Q)

Learning outcomes

At the end of the course, students will know the fundamental notions on the constitutional principles and dogmatic categories on which the criminal matter is based, through the study of the structure of the crime and the main criminal law institutions. In addition, the lectures will explore the most relevant issues arising from national and European case law. The course will also examine the general theory of crime and the main aspects of the theory and functions of penalties. Finally, the most relevant offences against property and public administration will be analyzed.At the end of the course, students will know the fundamental notions on the constitutional principles and dogmatic categories on which the criminal matter is based, through the study of the structure of the crime and the main criminal law institutions. In addition, the lectures will explore the most relevant issues arising from national and European case law. The course will also examine the general theory of crime and the main aspects of the theory and functions of penalties. Finally, the most relevant offences against property and public administration will be analyzed.

Course contents

First of all, the course aims to consider the main features of the theory of crime and to study the institutions of the general part and the special part.

In particular, during the first part of the course, the following will be examined:

- Tasks and functions of criminal law. Formal and substantive definition of the offence.

- The system of penalties.

- Techniques for structuring criminal offences that raise questions of constitutionality.

- The principles of criminal policy.

- The general theory of crime and the analysis of the elements of crime.

- The bipartite and tripartite conceptions of the offence: the different positions of the manuals adopted.

- The typical fact as the first level of the structure of the offence.

- The classical model and the importance of the teleological method.

- Criticism of the various theories proposing a superior unitary concept of action.

- The consciousness and will of the action; physical compulsion and force majeure.

- Unforeseeable circumstances and the different theories on its systematic place.

- The notion of event in criminal law.

- The relationship of causality. The different theories. The notion of objective imputation of the event.

- Discipline of causes of justification.

- The principle of culpability and article 27, paragraphs 1 and 3, of the Constitution

- The concept of culpability and the theories of punishment.

- The concept of imputability in the Code. The concept of mental illness.

- The definition of intentional crime. Intentional and omissive conduct. The different forms of intent.

- Discipline of error. Attempt.

The second part of the course, on the other hand, will be devoted to the analysis of some of the main offences, with particular regard to crimes against life, individual safety and against the public administration.

Readings/Bibliography

For the study of the general part:

S. CANESTRARI, L. CORNACCHIA, G. DE SIMONE, Manuale di diritto penale, Parte generale, Il Mulino, Bologna, 2017.

or alternatively:

G. FIANDACA, E. MUSCO, Diritto penale. Parte generale, VIII edizione, Zanichelli, Bologna, 2019.

or alternatively:

G. MARINUCCI, E. DOLCINI, G.L. GATTA, Manuale di diritto penale, Parte generale, X edizione, Giuffrè, Milano, 2021

For the study of the special part:

AA.VV., Diritto penale. Lineamenti di parte speciale, Monduzzi, Bologna, 7a ed., 2016, limitatamente ai Delitti contro il Patrimonio (pp. 721-878) e ai Delitti contro la Pubblica Amministrazione (pp. 98-218).

or alternatively:

AA.VV., Diritto penale. Percorsi di parte speciale, Giappichelli, Torino, 2023, limitatamente ai Delitti contro la vita (pp. 3-89) e ai Delitti contro la Pubblica Amministrazione (pp. 93-174).

R. BARTOLI-M. PELISSERO-S. SEMINARA, Diritto penale. Lineamenti di parte speciale, Giappichelli, Torino, 2021, limitatamente ai Delitti contro il Patrimonio (pp. 221-400) e ai Delitti contro la Pubblica Amministrazione (pp. 401-612).

It should be noted that as of the 2023 summer session, the candidate will be required to study the current special part programme as indicated above.

Teaching methods

In accordance with the health emergency from Covid-19, teaching will be carried out following the traditional method of lectures.

Attending students will analyse some of the most recent law cases, which are of particular interest for the study of the subject. The analysis of the judgments will allow the student to combine the theoretical knowledge with the comparison with the main issues that emerge from the application practice in the Courts.

During the course, different seminars are organised for the attending students. Topics, date and locations are communicated to students during classes.

Active participation during the course is also recommended and will be verified during the lessons.

The Criminal Law examination can only be taken after having passed the exams of Constitutional Law and Institutions of Private Law.

Students intending to apply for a dissertation in criminal law should preferably present a study plan oriented towards criminal law subjects; they should also attend seminars in criminal law.

Assessment methods

The final examination will be exclusively oral.

The aim of the oral exam is to verify the student's learning of the main notions of the subject and his/her ability to orientate himself/herself within the system, developing the appropriate connections between institutes and principles of reference. The oral examination is aimed at assessing the student's critical capabilities, and he/she will be invited to discuss the main topics covered during the course.

Particularly appreciated will be the student's ability to orientate himself/herself within the national and supranational normative sources and to recognise the main interpretative trends referred to in the texts recommended for the preparation of the exam.

The student's achievement of an organic vision of the topics addressed during the examination, the demonstration of a good expressive mastery and the ability to use the specific technical language will be evaluated with marks of excellence.

By way of example, the following criteria will be used to assess the final mark (that will be out of 30/30):

• sufficient or barely sufficient knowledge on the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;
• fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;
• comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-29/30;

• extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

Teaching tools

Specific learning materials will be provided during the lectures to the students in order to deepen the topics analyzed.

For those students who, for reasons dependent on disabilities or specific learning disorders (DSA), need compensatory tools, the most appropriate measures can be adopted, upon request communicated to the course teacher, or additional materials can be provided to support teaching.

Office hours

See the website of Vittorio Manes

See the website of Matteo Leonida Mattheudakis

See the website of Alessandra Santangelo