00815 - Criminal Procedure (P-Z)

Learning outcomes

KNOWLEDGE: Fundamental rights of the person as stated in the Italian Constitution, the European Convention on Human Rights, the EU Fondamntali Rights Charter and the International Covenant on Civil and Political Rights. Importance in the theory of criminal prosecution and judicial practice.

The judicial institution and the police organization in the context of the overall stately reality. Problematic relations between judiciary and politics.

SKILLS: Acquire awareness of the dynamic tension that characterizes the procedural norms, in the permed contrast between individual rights and prevention/detection needs of crimes, also for the purpose of a mature entry into the legal and judicial professions..

Ability to grasp the many facets (not only legal) of the procedural phenomenon, placing themselves from the different viewpoints of the subjects involved: Judge, prosecutor, police, defendant and his defender, victim of the offence. This will also be useful for carrying out activities other than those traditionally connected with criminal procedural law: ex. journalist, employee or civil servant, also in private and legal offices.

Course contents

FOR STUDENTS OF THE ORDINARY COURS

Occupying both semesters, the program is divided into two parts.

The first semester will be devoted to the illustration of the fundamental rights of the person drawn from the main sources of legislation (Constitution-ECHR-Charter of Fundamental Rights of the EU) and which serve as a guide for both legislative activity and judicial interpretation. A reasoned illustration of the Constitutional rules governing the organisation and exercise of criminal jurisdiction will follow. Finally, the main rules of the Code of Criminal Procedure governing the so-called static part, corresponding to the first three books of the code itself, will be examined in a critical key: Subjects; Acts; Rules of evidence.

The topics covered during the first semester will be the subject of a partial interview to which students who have attended the corresponding lessons will have access. The results obtained in this interview will be taken into account at the end of the course, during the final evaluation of the candidate.

The second semester will be dedicated to the "dynamic part " of the code. Will in particular dealt with the following topics, with frequent references to the law cases:

Preliminary investigation, explained from the point of view of the subjects who gradually appear on the scene: Police, prosecutor, person subjected to investigations and his defender, judge of preliminary investigations in its functions of control and guarantee.

Preliminary hearing: purpose of the hearing; Its establishment, conduct and epilogue. The rule of judgement in the preliminary hearing. Decree of referral to judgment and formation of procedural dossiers.

Preventive detention and seizure. Prerequisites of precautionary measures and legitimately pursued requirements with their adoption. Type of precautionary measures. Evolution and extinction of the precautionary affair. Appeals against that measures (Request for review, appeal, appeal for cassation).

Special Proceedings (oblation, extinction of the offense for restorative conductplea, abbreviated judgement, immediate judgment, fast judgement, procedure by decree, Suspension of trial with probation test).

Hearing judgement: preparatory acts; Preliminary questions to the debate; Test requests; Hearing statement; Discussion and deliberation of the judgment.

Ordinary and extraordinary appeals: general rules and discipline of the individual means of appeal (appeal; appeal for cassation; review of the judgment).

Ne bis in idem (double jeopardy)

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FOR STUDENTS OF THE ITALIAN-FRENCH COURSE

The program coincides in a large part with the lessons carried out in the second semester. However, for a better understanding of the so-called dynamic part, we recommend-if possible-the frequency also to the lessons of the first semester. At the request of the students concerned, meetings and lessons will be set aside to meet any needs of understanding and to better adapt the teaching to the attendees this degree course.

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ADDITIONS

Students interested in integrating missing credits can agree with the teacher the part of the program on which to prepare the exam. The quality and consistency of the supplementary program will vary according to the previous career that the person concerned will be able to document.

Readings/Bibliography

FOR STUDENTS OF THE ORDINARY COURSE

Only suggested text: G. Conso, V. Grevi, M. Bargis, Compendio di Procedura penale, Padua, Cedam, 2016.

For a better understanding of Italian criminal justice system and its organization is recommended R. Orlandi, Organizzazione della giustizia penale, in P. Biavati. D. Cavallini, R. Orlandi, Assetti della giustizia civile e penale in Italia, Bologna, il Mulino, 2016.

The restriction of choice is justified by the fact that this manual-albeit of arduous reading-exposes the discipline in problematic terms. The same method is followed in the course and also the examinations are conducted by scouring the applicant's critical abilities. It is therefore not advisable to choose other manuals, especially those written in a flat and Aproblematica, which invite the student to a mnemonic preparation, detached-as such-from the real understanding of the phenomenon studied.

All students (attending and unattending) must have an updated code. Any regulatory changes that have occurred in the meantime will be taken into account in class, but will not be subject to any questions in the examination. In other words, until the exit of the next manual (certainly for the entire academic year 2017/2018) the student will be able to prepare the exam on the 2016 edition, even if it does not result in some updated part.

Teaching materials (graphs, concept maps, synoptic pictures) will also be uploaded on the website https://campus.unibo.it/ during the course.

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FOR STUDENTS OF THE ITALIAN-FRENCH COURS

G. Conso, V. Grevi, M. Bargis, Compendio di procedura penale, Padova, Cedam, 2016, limited to chapters I-II-III-IV-V-VIII-IX and chapter X (first six paragraphs).

Useful tip: the cap. I of the Compendio di procedura penale (dedicated to the subjects of the criminal procedings) may be replaced by the essay by R. Orlandi, Organizzazione della giustizia penale, in P. Biavati. D. Cavallini, R. Orlandi, Assetti della giustizia civile e penale in Italia, Bologna, Il Mulino, 2016: text of easier comprehension, especially for French students.).

 

 

 

Teaching methods

The method will be that of the oral lesson, with reasoned reading of the main norms indicated in the program and frequent references to known cases to better understand the meaning of the institutes from time to time taken into account.

As best preceeded in the following point, before the second semester begins, the student who regularly attended the first part of the course will be able to take part in a partial interview aimed at verifying the degree of learning of the covered topics.

In agreement with the students and on their solicitation can be organized collateral activities to the course (cycles of films, meetings with protagonists of the judicial life), useful for a more concrete approach with the reality of the criminal process.

At the end of the course (mid-May) there is a moot court to which some of the attending students will recite in the roles of judge, accuser, defender of the civilian parties and counsel of the defendant.

Assessment methods

Oral examination.

The exam will focus on the topics indicated in the "Program and contents" section.

The evaluation of the test will be carried out according to the following criteria:

- knowledge of institutional profiles and fundamental concepts of criminal procedural law;
- ability to analyze the jurisprudential and doctrinal guidelines;
- ability to make connections between the different parts of the program;
- ability to develop critical arguments;
- articulation and accuracy of the exposure;
- correct use of the lexicon of the subject.

Having passed the Criminal law exam is a condition to be admitted to the exam of Criminal procedure.

For the only attendees it will be possible to support a partial interview at each of the four appeals of the winter session, on the basis of the programme carried out during the 1st semester. The interview can only be sustained once.

In the event of a positive outcome, a provisional vote will be awarded, which shall contribute-to a weighted measure-to compose the final vote, after the applicant has supported the second part of the examination, which concerns the programme carried out in the second part of the course. Except in exceptional cases to be justified personally, the second part of the examination must be supported by the September 2019 appeal.

In the event of a failure of the partial interview, the examination shall be carried out in full from the May 2019 appeal. The same applies to the candidate who refused the vote-positive-of the interview itself.

Teaching tools

Additional material (documents, audio files etc.) useful for the best success of the teaching will be made available to all the students on the AMS campus website (https://campus.unibo.it/cgi/users/home). Communication of this will be given in class.

Students who for reasons of disability or specific learning disabilities (DSA) need compensatory tools will be able to communicate to the teacher their needs so as to be directed to the contacts and agree on the adoption of the most appropriate measures.

Office hours

See the website of Renzo Orlandi