00815 - Criminal Procedure

Course contents

Part I

The first part of the course will deal with the two main theoretical model of criminal process, the inquisitorial and the accusatorial (or, with some distinctions, adversarial) system. The 1989 Code and its subsequent amendments. The criminal proceeding from the notice of a crime to the trial judgment. Some considerations will be paid to the appeal stage, arrest and freedom limitations pending the proceeding, special proceedings and serving of the sentence.

Part. II

The course will deal with the law of evidence. Deep attention will be reserved to the Third Book of the Code; to Titles IV,V, VI bis of the Fifth Book; to Chapter III of the Second Title in Seventh Book of the Code. Some considerations will be spent to special provisions and laws, among which, for example, Law 16 March 2006, n. 146 on undercover operations by the police.

Directions: Those who have already passed the exam of Criminal Procedure in the degree course of Juridical Sciences must study only  subjects and materials provided in Part II of the present course.

Readings/Bibliography

Part I

 G. Lozzi, Lineamenti di procedura penale, Torino, Giappichelli, 2007. During the lessons some other materials could be discussed and examined with the students.

 

Parte II

P. Ferrua – F. Grifantini – G. Illuminati - R. Orlandi, La prova nel dibattimento penale, Giappichelli, 3a ed., Torino, Giappichelli, 2007.

G. Conso – V. Grevi (a cura di), Compendio di procedura penale, Padova, Cedam, 2006, only with regard to Chapter III and Chapter VI, § 10-13 included.

During the lessons some other materials could be discussed and examined with the students.

It is of course necessary to attend the lessons and study the matter with the most recent version of the Code of Criminal Procedure. Particularly are suggested those editions that report every amendment of the Code, since the original version of 1989 until today.

 

Teaching methods

Lessons will take place in the I and II semester of the year. Some visits to the local courts might be arranged.

Assessment methods

The final exam will be oral.

The exam can be sustained only after having passed Criminal Law and Civil Procedure. The rule applies to every student, those of the precedent years included.

Thesis

The subject of the thesis must be discussed and agreed with Professor Caianiello. The final version of the thesis must be presented to Professor Caianiello at least 45 days before the date provided for the production to the Students Secretariat of the Faculty.

Office hours

See the website of Michele Caianiello