00231 - Criminal Law (M-Q)

Learning outcomes

The aim of the course is to explain the constitutional principles and the basic knowledge of criminal law, the structure and the notion of general principles of the criminal code and the main criminal offences.

During the lessons the students will have the possibility to analyze various practical cases. The sentences will be discussed with the aim to point out the connection between scientific speculation and practical demands of the discipline. The students will also visit Judiciary Offices in Bologna to assist to public hearings and, after, discuss about the judged cases.

Course contents

- Tasks and functions of the criminal law. The definition of crime.
- The sanctions system
- The concept and the constitutional theory of protected interest.
- The structure of criminal offences which arise constitutional problems.
- The principles of criminal policy. The fragmentary character of criminal law.
- The general theory of crime and the analysis of the elements of crime.
- Criminal conduct and result.
- The structure of crime: two-party and three-party conception of crime.
- The actus reus.
- The classical model and the importance of the teleological method.
- Voluntary act requirements; coercion and force majeure.
- Fortuituous events and the different theories regarding its systematic placing.
- The notion of result.
- Causation. The different theories.
- Fundament and discipline of justifications and defences.
- The constitutional principle of culpability (art. 27, 1° e 3° co., Cost.).
- The strict liability.
- Personality and culpability and the theories of punishment.
- Capacity. The concept of mental illness and insanity.
- Mens rea.
- Negligence.
- Mistake.
- Attempt.
- The relation between the general and the special part of the criminal Code.
- Analysis of the principal criminal offences, in particolar, crimes against public administration; crimes against the administration of justice.

For the students who had to obtain 9 credits, the program will not comprehend the analysis of the criminal offences mentioned in the special part of the criminal code.

Readings/Bibliography

1) S. CANESTRARI, L. CORNACCHIA, G. DE SIMONE, Manuale di diritto penale, Parte generale, Il Mulino, Bologna, 2007 (except chapter XXI);

or

G. FIANDACA, E. MUSCO, Diritto penale. Parte generale, Zanichelli, Bologna, last edition.

2) AA.VV., Diritto penale. Lineamenti di parte speciale, Monduzzi, Bologna, 2009, chapters II, III, VII (for the students who will attend the lessons only chapters II and III).

The students which has already had the exam Institues of Criminal Law can avoid to study (but the reading is however suggested) the chapters I, II, IV, V, VI e VII of Canestrari's and others treatise and the introduction and the chapters 1, 2, 3, 5 of Fiandaca-Musco's treatise. 

 

For the students who had to obtain 9 credits:

S. CANESTRARI, L. CORNACCHIA, G. DE SIMONE, Manuale di diritto penale, Parte generale, Il Mulino, Bologna, 2007 (except chapter XXI);

or

G. FIANDACA, E. MUSCO, Diritto penale. Parte generale, Zanichelli, Bologna, last edition

Teaching methods

The students who want to ask for the degree thesis in Criminal Law have to submit a plan of studies oriented towards criminal subjects; moreover, it is convenient that the students attend to Criminal Law seminaries

Assessment methods

The final exam will take place only orally and it will be taken only after having passed the exams of Constitutional Law and Private Law (Institutes of Private Law). After having passed the exam of Criminal law, the students would not any more take the exam of Institutes of Criminal Law.

Teaching tools

Integrative didactic

Seminar n. 1: Fundamental principles of criminal law.
Didactic head: Prof. Nicola Mazzacuva.
The place, the hour and the duration of the seminar will be communicated during the course.

Seminar n. 2: Crimes against public administration.
Didactic head: Prof. Nicola Mazzacuva.
The place, the hour and the duration of the seminar will be communicated during the course.

Directions for foreign students who participate to Socrates-Erasmus project:

Foreign students who take in part in Socrates or Erasmus projects and attend the course of criminal law at our faculty have to study on the following textes:

1) S. CANESTRARI, L. CORNACCHIA, G. DE SIMONE, Manuale di diritto penale, Parte generale, Il Mulino, Bologna, 2007 (except chap. XXI);

2) A. CADOPPI, S. CANESTRARI (eds.), Casi e materiali di diritto penale, vol. I, Parte generale, Giuffrè, Milano, 2002 (one case to choose).

Office hours

See the website of Nicola Mazzacuva