15595 - Criminal Procedure I

Learning outcomes

Knowledge of Italian criminal procedure — up to the conclusion of the first instance in ordinary proceedings — in its fundamental principles, structural and functional characteristics, procedural dynamics, and institutional implications.

Course contents

The course focuses on the regulation of criminal proceedings.

The analysis will begin with general principles (both constitutional and supranational) and will then develop through the examination of the static and dynamic aspects of criminal procedure.

In order to outline the characteristics of the current legal framework, particular attention will be given to the historical development of various legal institutions, whose current features often result from substantial changes made over time to the original version of the 1988 Code of Criminal Procedure.

General (and necessarily broad) list of topics:

• Procedural models (inquisitorial, adversarial, and mixed systems) and their classification criteria.

• Constitutional principles (including their integration through supranational sources, in particular the European Convention on Human Rights).

• Procedural actors: the judge; the public prosecutor; the defendant and defense counsel; the victim.

• The invalidities

• The dynamics of the proceedings: general features of the structure by phases and levels.

• Preliminary investigations: from the reporting of an offence to the final decisions (dismissal of charges / initiation of prosecution).

• The preliminary hearing.

• Ordinary first instance trial: preliminary acts before the trial; the trial hearing; evidentiary proceedings; new charges; rules of judgment and deliberation of the verdict.

• First instance trial before a single judge (monocratic court).

 

 

Readings/Bibliography

It is suggested the following handbook:

M. Bargis, Compendio di procedura penale, 12th edition, Padova, Cedam, 2025.

AA. VV., Fondamenti di procedura penale, IV ed., Cedam, Padova, 2023.

It is necessary to use the most recent version of the Code of Criminal Procedure.

 

Since the two textbooks are currently being published, the sections to be studied for the exam will be indicated as soon as the textbooks are released.

Teaching methods

The classes will take place during the first semester.

They will be focused on the provisions which regulate the criminal proceedings, with regard to both general principles and specific issues. Attention will be also given to the case law.

Assessment methods

Students will be evaluated by an oral examination.Before taking it, students shall have passed the examination of Criminal Law.

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

· knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language à 18-19/30;

· knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;

· comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;

· extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.

It is, of course, not possible to take Criminal Procedure II without having first successfully completed Criminal Procedure I.
Ideally, both exams should be taken during the same exam session, in order to ensure a coherent and comprehensive understanding of a subject that is difficult to grasp unless considered in its entirety.

Teaching tools

With regard to specific issues, useful materials will be indicated during the course.They could be downloaded on the website http://campus.cib.unibo.it [http://campus.cib.unibo.it/]

Office hours

See the website of Elena Valentini