71881 - Advanced Criminal Procedure

Learning outcomes

The course examines the legal framework governing proceedings against legal entities (Legislative Decree No. 231/2001) and juvenile criminal proceedings (Presidential Decree No. 448/1988). Accordingly, it is structured into two separate modules. These are procedural systems that operate as special regimes alongside the ordinary criminal procedure established by the Italian Code of Criminal Procedure. The common feature linking the two areas is the special status of the defendant: in the first case, a legal entity held liable for an administrative offence arising from a criminal offence; in the second, a person who was a minor at the time the offence was allegedly committed. This shared premise explains the similar structure of both procedural systems. Each is based on a general referral clause providing that the provisions of the Code of Criminal Procedure apply insofar as they are compatible, followed by a body of special rules tailored to the distinctive features of each type of proceeding.

Course contents

The course syllabus is divided into two parts, corresponding to the two selected "extra codicem" proceedings. Each will be examined comprehensively in accordance with the following outline.

Module A – Juvenile Criminal Proceedings (Presidential Decree No. 448 of 22 September 1988) – 24 hours

Introductory Topics

- The development and fundamental features of legislation governing juvenile criminal proceedings.

- The juvenile judicial authorities and their auxiliary bodies.

- The central role of the educational needs of the juvenile offender.

Procedural Framework

- The referral clause to the provisions of the Italian Code of Criminal Procedure

- Preliminary investigations

- Measures restricting personal liberty: arrest in flagrante delicto and detention of a suspect; precautionary measures, with particular reference to their types and the conditions governing their application

- The preliminary hearing

- Special forms of disposal of criminal proceedings (judicial pardon; dismissal on grounds of the triviality of the offence; suspension of proceedings with probation)

- Trial proceedings.

 

Module B – Proceedings Against Legal Entities (Legislative Decree No. 231 of 8 June 2001) – 24 hours.

Introductory Topics

- From the principle "societas delinquere non potest" to the administrative liability of legal entities arising from criminal offences: legislative sources and general features.

- The scope of application of Legislative Decree No. 231/2001.

- The legal framework governing the prerequisites for corporate liability: so-called predicate offences.

- Objective requirements (the concepts of interest and advantage); subjective requirements (the distinction between senior managers and subordinate persons); the exculpatory defence (overview of organisational and management models).

- The system of sanctions, with particular reference to disqualifying sanctions and confiscation.

- Criminal proceedings as the forum for determining corporate liability: the rationale underlying the legislative choice.

Procedural Framework – Static Aspects

- The relationship between the referral clause to the provisions of the Code of Criminal Procedure and the special procedural rules.

- The principle of the autonomous liability of the legal entity.

- Issues relating to the representation of the legal entity in criminal proceedings and the related evidentiary questions, including the incompatibility between acting as the entity's representative and serving as a witness.

- Precautionary measures: conditions for their application; application procedure; criteria governing the choice of measures; subsequent developments following their imposition.

Procedural Framework – Dynamic Aspects

- Preliminary investigations: from the registration of the administrative offence in the relevant register to the public prosecutor's charging decisions.

- The preliminary hearing and special proceedings.

- Trial proceedings: implications arising from the allocation of the burden of proof and the applicable standards of proof.

Readings/Bibliography

Module A –  Juvenile Criminal Proceedings (Presudential Decree no. 488/1988)

- F. Della Casa, Processo penale minorile, in M. Bargis, Compendio di procedura penale, 12ª ed., Wolters Kluwer Cedam, Padova, 2025.

or

- C. Cesari, Il processo penale a carico di minorenni, in AA. VV., Fondamenti di procedura penale, 5ª ed., Wolters Kluwer Cedam, Padova, 2025.

Module B – Proceedings Against Legal Entities (Legislative Decree no. 231/2001)

- A Giarda, Procedimento di accertamento della «responsabilità amministrativa degli enti», in G. Conso-V. Grevi-M. Bargis, Compendio di procedura penale, 12ª ed., Wolters Kluwer Cedam, Padova, 2025

or

- C. Cesari, Il procedimento sugli illeciti amministrativi dipendenti da reato, in AA. VV., Fondamenti di procedura penale, 5ª ed., Wolters Kluwer Cedam, Padova, 2025.

With regard to specific topics, supplementary materials will be indicated during the course. They will be available on VIRTUALE website.

Erasmus and other international students

The exam programme has to be agreed with the professor.

Teaching methods

Classes will be devoted to a systematic analysis of the relevant statutory provisions, beginning with the underlying general principles and progressing to the interpretative issues arising in their practical application.

Particular emphasis will be placed on the examination of leading judicial decisions, following a problem-based approach focused on identifying the legal issues involved and the solutions adopted by the courts. To this end, dedicated sessions will be held during which students will present and discuss selected case law.

Consistent with this teaching approach, the recommended textbook(s) listed above are intended to provide the essential foundational knowledge upon which more in-depth study will be developed through the teaching materials (judicial decisions) made available to students throughout the course via the VIRTUALE e-learning platform.

The course will also include guest lectures delivered by judges serving at the Juvenile Court of Bologna, as well as by experts in corporate organisation and compliance. For these reasons, although class attendance does not entail any reduction of the examination syllabus, it is of fundamental importance to the educational objectives of the course and is considered essential to achieving a thorough understanding of the subject matter.

Assessment methods

Learning outcomes will be assessed by means of an oral examination consisting of two parts:

- a first part designed to assess the student's knowledge of the fundamental principles required to identify, describe and systematically contextualise the various procedural institutions, including their interrelationship within the overall framework of criminal procedure;

- a second part devoted to the more advanced topics covered during the course, with a view to assessing the student's analytical skills, including through discussion of the judicial decisions examined during the course, in identifying legal issues and evaluating the solutions adopted.

The examination will be assessed on the basis of the following criteria:

- knowledge of the fundamental principles and procedural institutions, including their systematic interconnections;

- ability to identify the legal issues addressed in the judicial decisions discussed during the course and to reconstruct the reasoning underlying the solutions adopted;

- ability to develop critical legal arguments;

- clarity of presentation and logical rigour in legal reasoning.

On this basis, the final grade will be awarded approximately according to the following standards:

- 18–19: limited knowledge of the topics covered in the course; analytical skills demonstrated only with substantial guidance from the examiner; overall correct use of legal language.

- 20–24: knowledge of a limited range of the topics covered in the course; ability to conduct independent analysis only in relation to straightforward issues; correct use of legal terminology.

- 25–29/30: sound knowledge of a broad range of the topics covered in the course; ability to undertake independent critical analysis; confident command of the appropriate legal terminology.

- 30/30 cum laude: comprehensive knowledge of all topics covered in the course; excellent ability to conduct independent critical analysis, establish systematic connections between legal issues, and develop well-reasoned legal arguments; complete mastery of the relevant legal terminology.

Prerequisites

Students are required to have successfully completed the courses in Private Law and Constitutional Law.

Students are also expected to have passed the examination in Criminal Procedure or, alternatively, to study that subject concurrently, preferably by attending the relevant classes.

Students with Specific Learning Disorders (SLD) or Temporary or Permanent Disabilities

Students with specific learning disorders (SLD) or temporary or permanent disabilities are encouraged to contact the University's dedicated support service at an early stage (https://site.unibo.it/studenti-con-disabilita-e-dsa/it). The relevant office will propose any appropriate reasonable accommodations, which must in any event be submitted to the course instructor for approval at least 15 days in advance. The instructor will assess the suitability of the proposed accommodations in light of the intended learning outcomes of the course.

Teaching tools

Teaching materials uploaded to the Virtuale platform (slides, court decisions, and other resources).

Office hours

See the website of Silvia Renzetti