00815 - Criminal Procedure (A-E)

Learning outcomes

The study of the Italian criminal procedure in its basic principles (expecially at constitutional level), its fundamental structures and functions (full trial and summary trials).

Course contents

Constitutional basic principles concerning criminal procedure: inquisitorial, adversarial and mixed models. History of the Italian criminal procedure code in force. “Dynamic” of the procedure: from the notice of a crime to the final judgment. Conviction remedies.

For CFU-integrations, the scope of the exam will be determined on a case by case basis according to the number of CFU that needs to be achieved and to the extent of the previous exam, hence the student will present an attestation regarding the program on which she or he was already tested.

Readings/Bibliography

  

The following reading list is still provisional: the suggested handbooks are not yet up-to-date because of a recent amendment to the Code of criminal procedure (the text of the amendment is available on https://campus.unibo.it/). The professor will promptly revise the list as soon as the manuals are revised, therefore it is better to check this web page before buying the textbook.

 

 

Students may choose one of the following options (a or b):

 

            a) G. Conso – V. Grevi, Compendio di procedura penale, 7th edition, Padova, Cedam, 2014 (chapter 10, paragraph 6 and followings paragraphs; chapter 11, chapter 12 and chapter 14 may be omitted).

         

           

 

Or:

            b) M. Chiavario, Diritto processuale penale, 6th edition, Torino, Utet, 2015 (chapter 22 and chapters 36-42 may be omitted).

 

Or:

           c) P. Tonini, Manuale di procedura penale, 17th edition, Milano, Giuffrè, 2016 (part IV, chapters 4 and 5, part VI, chapter 2; part VII, chapters 1, 2 and 3 may be omitted).

          In each case (a) or b) or c), I suggest to read P. Ferrua, Il “giusto processo”, 3rd edition, Bologna, Zanichelli, 2012.

In each case (a) or b) or c), it is obviously necessary to make reference to a code of criminal procedure up-to-date.

Teaching methods

Lectures will deal with the outlined topics.

Seminars will be proposed during the year.

Assessment methods

The exam will be taken orally.
Its goals is to value the reaching of didactical aims.
During the examination code consultation is not allowed; when the matter to be discussed suggests it, exceptions to the rule may be made by examinators.
It will be very appreciate the student's mastery of the general principles of criminal procedure and the ability to apply them at concrete cases. A mechanical or mnemonic knowledge of the subject will lead students to pass the exam, but it will not take them to an excellent final grade.

I recommend the students to pay attention to propaedeutic requirements: students can sit for criminal procedure only after passing the examinations of civil procedure and of criminal law.

Final dissertations

For final dissertations, the professor will favor the candidates whose curriculum is oriented towards the criminal law.

In any case, the reading of "M. Nobili, Guida alla tesi di laurea in materie giuridiche e politico sociali, Bologna, Patron, 1986" is strongly suggested to all candidates.

The final version of the dissertation shall be submitted to the professor at least 6 weeks before the official upload's deadline.

Teaching tools

More teaching material is available on https://campus.unibo.it/.

Office hours

See the website of Alberto Camon