00815 - Criminal Procedure

Course contents

The models: inquisitorial; accusatorial, mixed.

The Constitutional principles. The European Convention of Human Rights.

The key players: the judge; the public prosecutor; the defendant and his counsel; the victim.

The proceedings: general issues.

The preliminary investigations.

The preliminary hearing.

The trial.

The special proceedings.

The preventive measures.

The invalidities.

The appeals.

The irrevocable sentence.

The double jeopardy principle.

Readings/Bibliography

It is suggested the following handbook:

G. Conso-V. Grevi-M. Bargis, Compendio di procedura penale, X ed., Cedam, Padova, 2020 (chapters XI, XII, XIII and XIV are excluded).

AA. VV., Fondamenti di procedura penale, Cedam, Padova, 2019. (paragraphs after 5.3 chapters XIX are excluded).

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

Come segnalato a lezione, è consigliata la lettura del testo del Professor Glauco Giostra, Prima lezione sulla giustizia penale, Laterza, Bari, 2020.

 

Erasmus students can contact the lecturer by email to arrange a different programme.

Teaching methods

The classes will take place during the first and the second 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.

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