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 knowledge 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 aspects (not only legal) of the procedural phenomenon, placing themselves from the different viewpoints of the subjects involved: judge, prosecutor, police, defendant and his layer, 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

Taking up both semesters, the program is divided into two parts.

The first part (30 hours) 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 two 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 second part (66 hours) will be dedicated to the "dynamic part" of the code. In particular the following topics will be examined, 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).
• Trial: preparatory acts; preliminary questions to the debate; rules of evidence; discussion and deliberation of the judgment.
• 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).
• Ordinary and extraordinary appeals: general rules and discipline of the specific means of appeal.
• Res iudicata.

 

ADDITIONS

Students interested in integrating missing credits can agree with the teachers 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 teachers, tailored to their respective training needs.

Readings/Bibliography

G. Conso, V. Grevi, M. Bargis, Compendio di Procedura penale, Wolters Kluwer Cedam, XI ed., 2023.

Capitolo I - Soggetti processuali

Capitolo II - Atti (paragraphs 3, 5, 6, 10, 11, 14-17, 32-38)

Capitolo III - Prove

Capitolo IV - Misure cautelari

Capitolo V - Indagini preliminari e udienza preliminare

Capitolo VI - Procedimenti speciali

Capitolo VII - Giudizio

Capitolo VIII - Procedimento davanti al tribunale in composizione monocratica

Capitolo IX - Impugnazioni (paragraphs 1-11, 13-16, 18-24, 26-34, 38-51, 54)

Capitolo X - Esecuzione (paragraphs 1-3)

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.

All students must use an updated Code of Criminal Procedure.

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

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

Assessment methods

Oral examination.

The exam will focus on the topics and the chapters indicated in the sections "Course contents" and "Readings/Bibliography".

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.

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

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

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.

Office hours

See the website of Daniele Vicoli

See the website of Renzo Orlandi