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Michele Caianiello

Full Professor

Department of Legal Studies

Academic discipline: IUS/16 Criminal Procedure

Head of Department of Legal Studies

Curriculum vitae

Michele Caianiello (Bologna, 1970), graduated cum laude in 1994, with a thesis on the detention pending the proceedings. In 1996, he frequented the post graduate course in Tax Law "A. Berliri", in the Faculty of Law, University of Bologna.

From 2000, he is PhD in Criminal Procedure, with a thesis on the International Criminal Tribunals.

Assistant Professor at the Faculty of Law, University of Bologna, in March 2006.

Associate Professor at the University of Bologna, Faculty of Law, in October 2007. He is a lawyer since 1998, and practiced until 2006, in the field of Criminal Law. In 2015 he was admitted to the list of Assistants to Counsel of the International Criminal Court.

From January 2016, he is full professor at the University of Bologna, Department of Legal Studies.

From 2006 till 2009, he taught Criminal Procedure and Criminal Evidence at the L.U.I.S.S. University in Rome. Since 2009, he teaches at the same University European Criminal Procedure.

He teaches at Bologna University, Schoolof Law Criminal Procedure and European and International Criminal Procedure. He is in the scientific board of the PhD course in Juridical Sciences the University of Bologna.

In his academic career he studied the subject of the decision to charge a suspect with a crime, especially the powers recognized by the law to the victims and to the private citizens on this issue. He also conducted a research in the field of Evidence Law in the International Criminal Justice Systems. More generally, he is interested on the issue of the rule of law with regard  to the criminal process; he also studies the effects on the criminal process deriving from globalization and internalization of juridical systems. He is the author of 3 books (Poteri dei privati nell'esercizio dell'azione penale, Giappichelli, Torino, 2003; Ammissione della prova e contraddittorio nelle giurisdizioni penali internazionali, Giappichelli, Torino, 2008; Premesse per una teoria del pregiudizio effettivo nelle invalidità processuali penali, BUP, Bologna, 2012). He published over 100 works in specialized reviews, encyclopedias, books and series.

He is part of the editorial board in the following reviews:  European Journal of Crime, Criminal Law and Criminal Justice, Revista Brasileira de Direito Processual Penal, Kazan University Law Review. He is component of the scientific commettee of the review Diritto Penale Contemporaneo - Rivista Trimestrale. He is member of the the editorial board of the book Series Procedura penale, Sez. Commenti e Nuovi itinerari, Giappichelli, and also associate editor in the book series "Comparative, European and International Criminal Justice" - Springer/Giappichelli.

He took part to several national and international research projects, since 2005. Among them:

  • Suspects in Europe. Procedural Rights at the Investigative Stage of the Criminal Process in the Europen Union   , coordinated by Ties Prakken e Taru Spronken, Università di Maastricht, AGIS 2005
  • Rethinking European Criminal Justice   , coordinated by Ulrich Sieberg, Max-Planck Institut fur Auslandische-und-Internationale Strafrecht, Freiburg, AGIS 2006
  • L'armonizzazione della prova dichiarativa nell'Unione Europea, coordinated by Giulio Illuminati, PRIN 2005;
  • Effective defence rights in the EU and access to justice, coordinated by Taru Spronken, Università di Maastricht, Commissione europea, 2007.

He has been co-leader of the OLAF project on “Criminal and administrative investigations in the field of VAT and Custom Duties, from national practices to an EU integrated system of information and Evidence Exchange”, and of the Olaf project on "Investigations and Sanctions for VAT frauds: Fundamental Principles and Comparison across EU Member States” in the frame of the Hercule III program".

He is taking part to the project Hercules III Program DEVICES (Digital forensic EVIdence: towards CommonEuropean Standards in antifraud administrative and criminal investigations. — DEVICES).

He is Principal Investigator nel progetto di ricerca (UST-JACC-AG-2018 Program) CrossJustice (Knowledge, Advisory and Capacity Building Information Tool for Criminal Procedural Rights in Judicial Cooperation).

Together with the University of North Carolina, the University of Warwick and the University of Basel he created a research network on criminal justice – The Future of Adversarial and Inquisitorial Systems. The network organizes every year a Conference on relevant issues on criminal justice under a comparative perspective (for further information see the website:  http://www2.warwick.ac.uk/fac/soc/law/research/cjc/conferences/conferences/adversarial/).

Since May 2018he is Head of the Department of Legal Studies.

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