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 2022/2023

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.

To this end, additional lectures of a seminar nature may be organised in the first semester in order to discuss problematic cases or acquire additional specific skills (e.g. to prepare for the written midterm). Participation in such activities will be on a purely voluntary basis for students. 

With this in mind, and provided the general conditions allow, it is intended to return to organising a moot trial for the second semester.

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.

 

Midterm written exam

At the end of the first semester, during the winter session of examinations (February/March 2023), as well as in May 2023, at the end of the course, the student may take a written partial examination on the following part of the syllabus
Principles
Book I
Book II
Book IV
Book V

In the case of taking an intermediate examination, the grade awarded to the student will take into account both the intermediate and the final examination.
Registration for both the midterm and final examination must be carried out via the Almaesami application (https://almaesami.unibo.it/almaesami/welcome.htm ). The midterm written test will be held on the virtual platform of https://eol.unibo.it.
These are the requirements and characteristics of the midterm written test:
All those enrolled in the course may participate (attendance is not a requirement for access to this test)
The test may only be taken once
If the result of the partial is refused by the student, he/she must bring the entire syllabus for the final oral examination starting with the summer term.
The written partial examination consists of
1. A question on principles (chosen from those explained in class)
2. A technical question (i.e. implying knowledge of the provisions of the code) on the following part of the examination:
Book I
Book II
Book IV
Book V
3. A case to be solved by applying principles explained in class and the part of the examination indicated in point 2 above.
Answer space is limited.
The time available to answer the questions is 120 min.

One or more lectures will be organised during the First Semester  to prepare students for the midterm written exam.

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