00815 - Criminal Procedure (P-Z)

Learning outcomes

Fundamental rights of the person as stated in the Italian Constitution, the European Convention on Human Rights, the EU Fondamntali Rights Charter and the International Covenant on Civil and Political Rights. Importance in the theory of criminal prosecution and judicial practice.

The judicial institution and the police organization in the context of the overall stately reality. Problematic relations between judiciary and politics.

SKILLS: Acquire awareness of the dynamic tension that characterizes the procedural norms, in the permed contrast between individual rights and prevention/detection needs of crimes, also for the purpose of a mature entry into the legal and judicial professions.

Ability to grasp the many facets (not only legal) of the procedural phenomenon, placing themselves from the different viewpoints of the subjects involved: Judge, prosecutor, police, defendant and his defender, victim of the offence. This will also be useful for carrying out activities other than those traditionally connected with criminal procedural law: ex. journalist, employee or civil servant, also in private and legal offices.

Course contents

Occupying both semesters, the program is divided into two parts.

The first semester will be devoted to the illustration of the fundamental rights of the person drawn from the main sources of legislation (Constitution-ECHR-Charter of Fundamental Rights of the EU) and which serve as a guide for both legislative activity and judicial interpretation. A reasoned illustration of the Constitutional rules governing the organisation and exercise of criminal jurisdiction will follow. Finally, the main rules of the Code of Criminal Procedure governing the so-called static part, corresponding to the first three books of the code itself, will be examined in a critical key:

- Subjects (Judge; public prosecutor; defendant; civil actor; lawyer; victim);

- Procedural acts (Articles 114; 125; 127; 129; 134_143; 177-185 code of criminal procedure);

- Rules of evidence: general provisions; means of evidence3 and means of obtaining evidence.

The topics covered during the first semester will be the subject of a partial interview to which students who have attended the corresponding lessons will have access. The results obtained in this interview will be taken into account at the end of the course, during the final evaluation of the candidate.

The second semester will be dedicated to the "dynamic part " of the code. Will in particular dealt with the following topics, with frequent references to the law cases:

• Preliminary investigation, explained from the point of view of the subjects who gradually appear on the scene: Police, prosecutor, person subjected to investigations and his defender, judge of preliminary investigations in its functions of control and guarantee.
• Preliminary hearing: purpose of the hearing; Its establishment, conduct and epilogue. The rule of judgement in the preliminary hearing. Decree of referral to judgment and formation of procedural dossiers.
• Preventive detention and seizure. Prerequisites of precautionary measures and legitimately pursued requirements with their adoption. Type of precautionary measures. Evolution and extinction of the precautionary affair. Appeals against that measures (Request for review, appeal, appeal for cassation).
• Special Proceedings (oblation, extinction of the offense for restorative conductplea, abbreviated judgement, immediate judgment, fast judgement, procedure by decree, Suspension of trial with probation test).
• Hearing judgement: preparatory acts; Preliminary questions to the debate; Test requests; Hearing statement; Discussion and deliberation of the judgment.
• Ordinary and extraordinary appeals: general rules and discipline of the individual means of appeal (appeal; appeal for cassation; review of the judgment).
• Ne bis in idem (double jeopardy)

* * *

ADDITIONS

Students interested in integrating missing credits can agree with the teacher the part of the program on which to prepare the exam. The quality and consistency of the supplementary program will vary according to the previous career that the person concerned will be able to document.

ERASMUS AND INCOMING STUDENTS

They will be able to agree on a particular program with the teacher, tailored to their respective training needs

Readings/Bibliography

Only suggested text: G. Conso, V. Grevi, M. Bargis, Compendio di Procedura penale, Padua, Cedam, 2020.

For a better understanding of Italian criminal justice system and its organization is recommended R. Orlandi, Organizzazione della giustizia penale, in P. Biavati. D. Cavallini, R. Orlandi, Assetti della giustizia civile e penale in Italia, Bologna, il Mulino, 2016.

The restriction of choice is justified by the fact that this manual-albeit of arduous reading-exposes the discipline in problematic terms. The same method is followed in the course and also the examinations are conducted by scouring the applicant's critical abilities. It is therefore not advisable to choose other manuals, especially those written in a flat and Aproblematica, which invite the student to a mnemonic preparation, detached-as such-from the real understanding of the phenomenon studied.

All students (attending and unattending) must have an updated code. Any regulatory changes that have occurred in the meantime will be taken into account in class, but will not be subject to any questions in the examination

Teaching materials (graphs, concept maps, synoptic pictures) will also be uploaded during the course on the website https://iol.unibo.it

Teaching methods

The method will be that of the oral lesson, with reasoned reading of the main norms indicated in the program and frequent references to known cases to better understand the meaning of the institutes from time to time taken into account.

As best preceeded in the following point, before the second semester begins, the student who regularly attended the first part of the course will be able to take part in a partial interview aimed at verifying the degree of learning of the covered topics.

In agreement with the students and on their solicitation can be organized collateral activities to the course (cycles of films, meetings with protagonists of the judicial life), useful for a more concrete approach with the reality of the criminal process.

At the end of the course (mid-May) there is a moot court to which some of the attending students will recite in the roles of judge, accuser, defender of the civilian parties and counsel of the defendant.

The first semester courses will be delivered in the manner described at the following Internet address (Model 3):

https://dsg.unibo.it/it/didattica/progetti-e-metodologie-didattiche/modalita-didattiche-presso-il-dsg-nel-i-semestre-a-a-2022-2023

Assessment methods

Oral examination.

The exam will focus on the topics indicated in the "Program and contents" section.

The evaluation of the test will be carried out according to the following criteria:

• knowledge of institutional profiles and fundamental concepts of criminal procedural law;
• ability to analyze the jurisprudential and doctrinal guidelines;
• ability to make connections between the different parts of the program;

• ability to develop critical arguments;

• articulation and accuracy of the exposure;

• correct use of the lexicon of the subject.

In agreement with the students, one or more written exercises will take place, in person or remotely, lasting about 2 hours.

PROPEDEUTICS: Having passed the Criminal law exam is a condition to be admitted to the exam of Criminal procedure.

The purpose of the oral exam is to verify the student's ability to apply his or her knowledge, making the necessary logical-deductive connections.

Gradation of the final grade:

* Preparation on a very limited number of topics covered in the course and analytical skills that emerge only with the help of the teacher, expressed in an overall correct language → 18-19;

* Preparation on a limited number of topics covered in the course and ability to autonomous analysis only on purely executive issues, correctly expressed → 20-24;

* Preparation on a large number of topics covered in the course, self-orientation skills in the discipline and critical analysis; mastery of specific terminology → 25-29;

* Comprehensive preparation on the topics covered in the course, capacity for autonomous elaboration, critical analysis and systematic connection, full mastery of specific terminology and capacity for argumentation and self-reflection → 30-30L.

Teaching tools

Additional material (documents, audio files etc.) useful for the best success of the teaching will be made available to all the students at https://iol.unibo.it/

Communication of this will be given in class.

Students who for reasons of disability or specific learning disabilities (DSA) need compensatory tools will be able to communicate to the teacher their needs so as to be directed to the contacts and agree on the adoption of the most appropriate measures.

Links to further information

https://www.unibo.it/sitoweb/renzo.orlandi/didattica/programma/2022/395547

Office hours

See the website of Renzo Orlandi