00231 - Criminal Law

Learning outcomes

The course aims to analyse the constitutional principles and fundamental aspects of criminal law; the structure and main aspects of Italian Criminal Code; the ‘general part’ of criminal law. At the end of the course, the student knows notions and structure of criminal offences, different expressions of criminal liability and the main aspects of penalties. The course, also, aims to examine the main aspects of procedural criminal law, providing the essential principles and fundamental tools to the students.

Course contents

The course, informally divided in different modules, focuses on the ‘general part’ of criminal law, considering the constitutional principles which rule the field, together with the fundamental elements of crimes. In addition, it aims to highlight the European law’s influences upon the national dimension.

Among the selected topics:

1. the analysis of constitutional guarantees, the principle of legality and mens rea; the influence exerted by the harm principle, the reasonableness and equality principle upon criminal law, in particular examining the evolution of the Constitutional Court case law;
2. focus on the impact of fundamental rights upon the criminal law as the European Convention of Human Rights and the Strasbourg Court’ case law implemented individual guarantees and provided mandatory requirements for penalties protecting essential rights;
3. influences of European law on criminal subjects, above all after the Lisbon Treaty and the first Directives in the criminal field;
4. the exam of the fundamental components of crimes (actus reus, mens rea, unlawfulness), together with the main features of offences (in particular, attempted crimes and conspiracy);
5. the evolution from the scopes of traditional penalties towards the new strategies of sanctions, referring to modern forfeitures.

Furthermore, particular seminars will be dedicated to the discussion of current unsolved issues, developing the course’s topics through the more recent law and case law innovations.

Readings/Bibliography

For those students who regularly attended classes and seminars, the exam focuses on the topics discussed and analysed during the course – eventually completed by specific materials (judgements, papers) indicated as part of the course programme.

For those students who do not regularly attend the course, the exam shall be studied on:

- G. FLORA- P. TONINI, Diritto penale per operatori sociali, vol. I, II ed, Giuffré, Milano, 2013.

as an alternative, the student can chose one of the following handbooks:

- A. CADOPPI- P. VENEZIANI, Elementi di diritto penale, Parte generale, quinta edizione, CEDAM, Padova, 2012; - G. INSOLERA, MAZZACUVA, PAVARINI, ZANOTTI (eds), Introduzione al sistema penale , Vol I, Torino, Giappichelli, 4° ed, 2012, referring only to Part III, Part IV (a part from chapter VI) and Part V); - S. CANESTRARI- L. CORNACCHIA- G. DE SIMONE, Manuale di diritto penale- Parte generale, Il Mulino, Bologna, 2007; - G. FIANDACA- E. MUSCO, Diritto penale- Parte generale, Zanichelli, Bologna, 2014.

Both attending and non-attending students are required to acknowledge the norms related to the exam programme, the Constitution, the Criminal Code and the complementary laws. Thus, it is necessary the constant use of an updated Criminal Code, including the complementary laws.

Teaching methods

During the course, different seminars are organised for the attending students. Topics, date and locations are communicated to students during classes.

Assessment methods

Oral exam.

Teaching tools

Specific learning materials will be provided during the lectures to the students in order to deepen the topics analyzed.

Office hours

See the website of Vittorio Manes