71881 - Advanced Criminal Procedure

Learning outcomes

The course is aimed at providing students with the core knowledge of: the criminal proceeding against juveniles (Statute n. 488/1988); the criminal proceeding against companies (Statute n. 231/2001). Due to its twofold object, the course is structured into two modules.

Common trait of these proceedings is the peculiarity of the defendant: in one case, a juvenile; in the other, a company which is accused of an administrative offence dependent on a crime.

In both cases, the relevant legislation consists of a general reference to the rules of the Criminal Procedure Code and special rules.

Course contents

Module A – The criminal proceeding against juveniles (Statute n. 488/1988)

Fundamental principles.

The general reference to the provisions of the Criminal Procedure Code.

The re-education of the juvenile.

Preliminary investigations.

Preliminary hearing.

Special proceedings.

The trial.

Appeals.

Module B – The criminal proceeding against companies (Statute n. 231/2001)

From the principle “societas delinquere non potest” to the administrative liability deriving from a criminal offence.

The Statute n. 231/2001: fundamental principles.

The requirements according to which the liability of the company is laid down.

Sanctions.

The proceeding: the general reference to the provisions of the Criminal Procedure Code; preliminary investigations; preventive measures; preliminary hearing; special proceedings; trial; appeals.

Readings/Bibliography

Module A – The criminal proceeding against companies (Statute n. 231/2001)

A. Giarda, Procedimento di accertamento della «responsabilità amministrativa degli enti», in G. Conso-V. Grevi, Compendio di procedura penale, 9ª ed., Cedam, Padova, 2018, p. 1259-1289.

Module B – The criminal proceeding against juveniles (Statute n. 488/1988)

F. Della Casa, Processo penale minorile, in G. Conso-V. Grevi, Compendio di procedura penale, 9ª ed., Cedam, Padova, 2018, p. 1179-1205.

With regard to specific topics, supplementary materials will be indicated during the course.

Teaching methods

Lessons will be focused on the rules which regulate the proceedings, the general principles applying in these fields and the most relevant interpretive issues.

Attention will also be given to the case law, according to a problem-based learning method.

Assessment methods

Students will be evaluated through an oral exam.

Before taking the exam, students shall have already passed the exam of Private Law and Constitutional Law.

Even if it is not mandatory, it is strongly suggested not to take the exam before having passed the exam of Criminal Procedure.

THESIS

Thesis will be assigned after one or more meetings with the student. The subject will be chosen on the basis of the interests showed by the student.

Teaching tools

In addition to the bibliography here indicated, supplementary materials will be indicated during the course.

Supplementary materials will be available at http://campus.cib.unibo.it

Office hours

See the website of Daniele Vicoli