71881 - Advanced Criminal Procedure

Academic Year 2021/2022

  • Teaching Mode: Traditional lectures
  • Campus: Bologna
  • Corso: Single cycle degree programme (LMCU) in Law (cod. 9232)

Learning outcomes

The course is aimed at providing students with the core knowledge of: the criminal proceeding against juveniles (Statute n. 488/1988); the criminal proceeding against companies (Statute n. 231/2001). Due to its twofold object, the course is structured into two modules.

Common trait of these proceedings is the peculiarity of the defendant: in one case, a juvenile; in the other, a company which is accused of an administrative offence dependent on a crime.

In both cases, the relevant legislation consists of a general reference to the rules of the Criminal Procedure Code and special rules.

Course contents

Module A – The criminal proceeding against juveniles (Statute n. 488/1988)

Fundamental principles.

The general reference to the provisions of the Criminal Procedure Code.

The re-education of the juvenile.

Preliminary investigations.

Preliminary hearing.

Special proceedings.

The trial.

Appeals.

Module B – The criminal proceeding against companies (Statute n. 231/2001)

From the principle “societas delinquere non potest” to the administrative liability deriving from a criminal offence.

The Statute n. 231/2001: fundamental principles.

The requirements according to which the liability of the company is laid down.

Sanctions.

The proceeding:

  • the general reference to the provisions of the Criminal Procedure Code;
  • preliminary investigations;
  • preventive measures;
  • preliminary hearing;
  • special proceedings;
  • trial;
  • appeals.

Readings/Bibliography

Module A – The criminal proceeding against juveniles (Statute n. 488/1988)

- F. Della Casa, Processo penale minorile, in G. Conso-V. Grevi-M. Bargis, Compendio di procedura penale, 10ª ed., Wolters Kluwer Cedam, Padova, 2020, p. 1041-1066.

or

- C. Cesari, Il processo penale a carico di minorenni, in AA. VV., Fondamenti di procedura penale, 2ª ed., Wolters Kluwer Cedam, Padova, 2020, p. 991-1114.

Module B – The criminal proceeding against companies (Statute n. 231/2001)

- A Giarda, Procedimento di accertamento della «responsabilità amministrativa degli enti», in G. Conso-V. Grevi-M. Bargis, Compendio di procedura penale, 10ª ed., Wolters Kluwer Cedam, Padova, 2020, p. 1111-1137.

or

- C. Cesari, Il procedimento sugli illeciti amministrativi dipendenti da reato, in AA. VV., Fondamenti di procedura penale, 2ª ed., Wolters Kluwer Cedam, Padova, 2020, p. 1015-1031.

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

Lessons will be focused on the rules which regulate the proceedings, the general principles applying in these fields and the most relevant interpretive issues.

Attention will also be given to the case law, according to a problem-based learning method.

Assessment methods

Students will be evaluated through an oral exam.

The students’ knowledge is assessed through an oral exam, to evaluate the actual achievement of the learning outcomes. The exam consists in an interview with the appointed commission on the topics included in the programme.

The assessment will take into account the knowledge of the relevant institutional framework, the ability to analyse doctrinal and jurisprudential opinions and, to single out connections between the relevant topics, to critical reasoning, as well as the clarity of presentation and critical thinking. 

Even if it is not mandatory, it is strongly suggested not to take the exam before having passed the exam of Criminal Procedure.

THESIS

Thesis will be assigned after one or more meetings with the student. The subject will be chosen on the basis of the proposals of the student.

Teaching tools

Students with disabilities or Specific Learning Disorders can ask to the Professor adaptations for their specific needs.

Office hours

See the website of Daniele Vicoli

SDGs

Decent work and economic growth Peace, justice and strong institutions

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.