71797 - Criminal Procedure (F)

Course Unit Page

SDGs

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

Reduced inequalities Peace, justice and strong institutions

Academic Year 2021/2022

Learning outcomes

Knowledge of the italian criminal process, of its structure and its fundamental principles at constitutional level, with some insight to some different national or international system.

Course contents

The course will deal with the two main theoretical model of criminal process, the inquisitorial and the accusatorial (or, with some distinctions, adversarial) system. – Relevant constitutional principles (with some regard paid to the principles provided for in international conventions, such as the European Convention of Human Rights). - The 1989 Code and its subsequent amendments. The criminal proceeding from the notice of a crime to the trial judgment. – Remedies. - Some considerations will be paid to the serving of the sentence and the cooperation with foreign judicial authorities.

In the first semester the lesson will focus on:

  • Accusatorial v. Inquisitorial - Constitutional principles of criminal procedure, at national and transnational level
  • Book V (investigations and preliminary hearing)
  • Book IV (pretrial custody)

2nd Semester

  • Book III and VII
  • Book VI
  • Appeal and res iudicata

Readings/Bibliography

Master's Degree Students:

G. Conso – V. Grevi e M. Bargis (a cura di), Compendio di procedura penale, Padova, Cedam, latest edition.

The student are required to study the following part of the handbook:

Introduzione di Giovanni Conso

• Il sistema delle <<fonti>> del diritto processuale penale di Angelo Giarda

• Cap. I – I soggetti – (limitatamente ai paragrafi 1, 2, 4-13, 17-32, 34, 35, 39, 43)

• Cap. II – Gli atti – (limitatamente ai paragrafi 1, 4, 8-15, 28-34)

• Cap. III – Prove

• Cap. IV – Misure cautelari

• Cap. V – Indagini preliminari e udienza preliminare

• Cap. VI – Procedimenti speciali

• Cap. VII – Giudizio

• Cap. IX – Impugnazioni (limitatamente ai paragrafi 1-5, 9-16, 18-24, 26-33, 38-40, 42-44, 46-51, 54)

• Cap. X – Esecuzione penale (limitatamente ai paragrafi 1-5)

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

It is strongly encouraged the following code:

- Codice sistematico di procedura penale, a cura di H. Belluta - M. Gialuz - L. Luparia, Giappichelli,in the latest available edition.

Teaching methods

The course is taught prevailingly in a traditional manner, with oral frontal lessons. However, considered the increasing complexity of the matter, a new methodology will be experimented from time to time, based on a casistic approach, and on the learning by doing method. The aim of this experimental different approach is to help the students to face the uncertain and dialectic nature of the law in the field of the criminal process.

Due to the COVID-19 emergency, lessons will be held in mixed mode (partly in attendance and partly online). Frequency is strongly recommended and will be allowed in both modes (in presence and online). For more information see the website: https://dsg.unibo.it/it/didattica/progetti-e-metodologie-didattiche/modalita-didattiche-presso-il-dsg-nel-i-semestre-a-a-2020-2021.

If the restrictive measures provided to reduce the impact of the COVID-19 emergency will allow it, we will organise a moot trial.

Assessment methods

The final exam will be oral.

At the end of the first semester, during winter, it will be held a partial written exam on the following part of the program (mostly developed in the first semester):

  • General Principles
  • Book I
  • Book II
  • Book IV
  • Book V

The exam can be sustained after having passed the exam of criminal law. The rule applies to every student, those of the precedent years included.

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

Erasmus students are required to prepare for the same programme as other students. Exceptions to this rule may be granted on the basis of specific and proven reasons.

Master thesis

Master thesis are assigned by Prof. Michele Caianiello after an interview with the student, that shall also present a short paper (max 1 page) with a proposal for a potential topic of the thesis.

After this pre-screening phase, a topic (which may be also different from that proposed by the student) will be assigned directly by the Professor.

The Professor will also indicate a tutor, which will assist the student in the course of the research.

Teaching tools

In a complementary way some ppt presentations might be used. It is also possible to show videos or to give the students some practical cases that will be analysed in the following lessons

Office hours

See the website of Michele Caianiello