70397 - European and International Criminal Procedure

Learning outcomes

Interaction in criminal law between different legal systems, in particular European Union criminal law and the case law of the European Court of Human Rights will be analysed in details.

The second part of the course will be dedicated to the basic principles of International Criminal Justice, with a special focus on the International Criminal Court.

A basic knowledge of Englishor French is necessary.

Basic knowledge of criminal process is required. For students that have not attended the criminal procedure classes before, it is recommended: G. Illuminati, voce Accusatorio ed inquisitorio (sistema), in Enc. giur. Treccani, I, 1988.

Course contents

EUROPEAN CRIMINAL PROCEDURE: main topics

A. ECHR and its influence on national criminal justice system.

• ECHR and the sources of an integrated criminal justice system;
• ECHR and Criminal Procedure:
• what is "criminal law";
• what is a "law" in criminal matter;
• substantial law v. procedure;
• right to examine or have examined witnesses during the criminal proceedings;
• the appeal and the conviction issued at this stage of the proceedings;
• one bis in idem;
• Privacy.

  B. EU and its influence on on national criminal justice system after Lisbon.

• EU and the sources of an integrated criminal justice system.
• System of sources;
• European relevant institutions and bodies (eg EPPO)
• Leading cases:
• judicial cooperation, mutual recognition
• safeguards;
• data retention; surveillance;
• evidence sharing;
• right of access to a lawyer;
• right to remain silent;
• one bis in idem.

INTERNATIONAL CRIMINAL PROCEDURE: topics covereda. From the International Military Courts of Nuremberg and Tokyo to the Rome Statute and the establishment of the Permanent International Criminal Courtb. Proceedings before the International Criminal Court c. Two emblematic cases on: modification of the indictment; method of conducting examination and counter-examination of witnesses.

Readings/Bibliography

The course is based on the analysis of leading cases by the European Courts and by the Superior Courts of the European Member States.

The decisions will be analysed in the course of the lessons, and discussed together with the students.

Texts and materials of the cases discussed during the course will be posted on the IOL (Insegnamenti OnLine)website.

On IOL, in addition to texts of the decisions and some brief comments/analysis, a program with the calendar of lessons, topics covered and cases analyzed is uploaded (Syllabus).

Following the calendar indicated in the Syllabus, in order to make the discussion effective and for the purposes of the final exam grade, students are required to read, before each lesson, at least all the decisions highlighted in green in the Syllabus, which will be discussed together.

The other decisions indicated in the Syllabus are still part of the examination programme, but their reading is not necessary before the lesson and their fundamental content (also for the purposes of the examination) will be illustrated in lesson by the teacher, with the support of ppt presentations that will be loaded into the teaching material.

The study of the subject is therefore based on the material posted on the IOL website and on the critical discussions held in the classroom.

EU Treaties and EU regulations, directives and framework decisions can be found at http://europa.eu [http://www.icc-cpi.int/]

European Court of Justice website is http://curia.eu [http://www.icc-cpi.int/ - relevant decisions will however be posted on IOL]

European Convention on Human Rights and the case law of the European Court of Human Rights may be found at http://echr.coe.int [http://www.icc-cpi.int/ relevant decisions will however be posted on IOL]

Every student must have a copy of the ICC Statute and of the ICC Rules of Procedure and Evidence. Both the sources can be downloaded freely at the ICC site, in the English or in the French version.

The ICC site is: http://www.icc-cpi.int [http://www.icc-cpi.int/ - relevant decisions will however be posted on IOL]

Complementary text books:

For students that have not attended the criminal procedure classes before, it is recommended: G. Illuminati, voce Accusatorio ed inquisitorio (sistema), in Enc. giur. Treccani, I, 1988.

For European Criminal Law R. E. Kostoris, Manuale di procedura penale europea, Giuffrè (the most recent edition), Part I; in alternative John A.E. Vervaele, European Criminal Justice in the Post-Lisbon Area of Freedom, Security and Justice, 2014, that is in open access on the web (and is also posted on IOL). By the end of October 2019, handouts will also be loaded to facilitate learning about the theoretical issues involved in the cases dealt with in class.

For International Criminal Justice: Caianiello M / Ferioli ML (2013). Il procedimento davanti alla Corte penale internazionale. In: Diritto processuale dei diritti umani. p. 33-102, RIMINI: Maggioli Editore.

Students who, for reasons related to disabilities or specific learning disorders, need compensatory tools, can communicate their needs to the Teacher in order to be addressed to the Referents and agree on the adoption of the most appropriate measures.

Teaching methods

The teaching method will follow in most part the problem-based approach.

This implies that students will be required to attend to the lessons, and to examine and discuss the cases that will be submitted by the teacher (signatures of the students will be collected at every class).

Lo scopo del metodo seguito non è quello di fornire agli studenti un panorama completo dei diversi sistemi trattati, quanto di dar loro l'abilità di muoversi nei nuovi contesti imposti dalla globalizzazione nel campo della giustizia penale.

Participation at class represents a fundamental part of the final grade.

Classes will be in accordance with the following scheme (cf. Syllabusuploaded on IOL):

1. First three weeks: traditional classes
2. From the 3rd week: lessons based on active discussion of the cases. Participation is required and evaluated for the purpose of the final examination.

Participation in the lesson is part of the final exam grade, and in particular will be evaluated with a score from 0 to 3 points.

Following the calendar indicated in the Syllabus, students are asked to read, before each lesson, at least the decisions highlighted in green in the Syllabus, which will be discussed, to make the discussion effective. The other decisions indicated in the Syllabus constitute an examination programme, but will be illustrated by the course holders (and will in any case be uploaded to the IOL).

Variations on the Programme can be decided during the course (such as, in particular, the anticipation of the part dedicated to the International criminal justice, or the cases submitted to the attention of the students), and will be timely communicated to the students.

Classes will be taught by Prof. Michele Caianiello, and by Dr. Giulia Lasagni (module “Lo sviluppo del diritto processuale penale nei leading cases delle Corti europee”).

Assessment methods

Students will be required to attend to the lessons (at least 2/3 of the course), and to examine and actively discuss the cases that will be submitted by the teacher.

To do so, students are required to read in advance the cases highlighted in green in the Syllabus that will be discussed in class, in accordance with the plan indicated in the Syllabus.

The final grade (consisting of 30 points) will be composed of two parts:

1. Part of the exam (up to 3 points of the final score) will depend on the active participation in the discussion at class, and on the critical skills showed by the student (which shall read in advance the material highlighted in green in the Syllabus)
2. A final written exam, up to 27 points of the final score

The final examination will consist of 3 questions(maximum 9 points each), which will deal with the topics dealt with in the lessons (both on the European criminal procedureand on the trial before the International Criminal Court) and in particular:

- A theoretical question on the principles

- A theoretical question about the cases treated in class (allthose indicated in the Syllabus and treated in class, NOT just those highlighted in green)

- A practical question (solution of a case)

For each question there will be a maximum number of lines for the answer (approximately 15-20 lines).

The duration of the written examination will be about 2 hours.

3. The evaluation of the test will be carried out taking into account:

o knowledge of institutional profiles;

o the ability to analyse jurisprudential and doctrinal orientations;

o the ability to make connections between the different parts of the programme;

o the ability to develop, including in writing, critical arguments in summary form;

o the structure of the answers;

o the accuracy of the exposure of the answers.

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

Erasmus students can ask to the Professor adjustment of the program according their learning agreement.

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, which will be uploaded on IOL.

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

Office hours

See the website of Michele Caianiello

See the website of Giulia Lasagni