CRIMINAL COMPANY AND BUSINESS LAW
DIRITTO PROCESSUALE PENALE
A.Y. | Credits |
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2016/2017 | 14 |
Lecturer | Office hours for students | |
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Maria Grazia Coppetta | from 1.00 pm to 2.00 pm on lessons days. |
Assigned to the Degree Course
Date | Time | Classroom / Location |
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Learning Objectives
The course will tend primarily to illustrate the types and the basic principles of the criminal trial, in order to re-establish a systematic context , made harsh by the many reforms of recent years. Later the main institutes will be examinated , going into the depth of the compatibility profiles of their discipline with the constitutional requirements and the international conventions on human rights. In this context, particular emphasis will be given to issues regarding the fairness and impartiality of the judge, the nature and powers of the prosecutor, the right to defense of the accused and of the other private parties and the reasonable duration of the trial, the system of personal precautionary and real measures, the special proceedings , the trial hearing and the formation of evidence in the cross examination, the assessment of the evidence, the impugnments in the various forms (appeal, rehearing), the enforcement, the jurisdictional relations with foreign authorities , with particular regard to the European arrest warrant, the European judicial cooperation in criminal matters.
Program
The course will develop the following matters:
Semester I: The criminal procedural systems - Reformation and Counter-Reformation of the criminal trial - Constitutional principles of the criminal trial - Jurisdiction and prosecution - The subjects of the trial - Procedural acts and penalties - The general principles on evidence – The evidence - Personal and real precautionary measures - Preliminary investigations - Investigations of the defending counsel - Preliminary hearing - Special proceedings - The judgement of first instance -Trial with a single judge
Semester II: The general principles of the impugnments - The appeals - Res judicata and its effects - Enforcement - The surveillance judiciary - The rehearing - Extradition and European Arrest Warrant - Judicial cooperation in criminal matters
Bridging Courses
Criminal Law I
Learning Achievements (Dublin Descriptors)
A) Knowledge and understanding - The student must show to have a suitable knowledge of the sources of the Italian criminal trial and the ability of understanding of its constitutional and international principles and he also must show his understanding of its translation offered by the criminal procedure laws.
B) Applying knowledge and understanding - The student must show to be able to apply his knowledge by formulating possible interpretative solutions on controversial issues relating to criminal procedural law.
C) Making judgements - The student must show to be able to integrate knowledge of criminal procedure law institutes with those of the constitutional and European right, as well with those of similar disciplines (es. judicial system, penitentiary right, civil and administrative trial right) and to make critical judgments on the basis of this interdisciplinary platform.
D) Communication skills - The student must show to be an active part in seminars, groupworks and in any planned activities in the living law laboratories , he must also show to be able to explain clearly and effectively the reached conclusions on the argumentative plan, dealing with teachers and with colleagues.
E) Learning skills - The student must show to have developed the learning skills to continue the study of the criminal procedure on his own and that he has the means to understand the main criticalities of the system end possible reforms to amend them.
Teaching Material
The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it
Supporting Activities
Specifications and slides.
Seminars, conferences and meetings on the subject themes of legislative reforms and jurisprudential contrasts. Visits to courts and jals.
Teaching, Attendance, Course Books and Assessment
- Teaching
Lectures - Seminars - The living law Laboratories
- Attendance
None
- Course books
By choice:
AA.VV., Procedura penale, Giappichelli, Torino, ult. ed.;
CONSO-GREVI-BARGIS, Compendio di procedura penale, Padova, Cedam, ult. ed.;
LOZZI, Lezioni di procedura penale, Torino, Giappichelli, ul. ed.;
SIRACUSANO-TRANCHINA-GALATI-ZAPPALÀ, Diritto processuale penale, Milano, Giuffrè, ult. ed.;
TONINI, Manuale di procedura penale, Milano, Giuffrè, ult. ed.
Further reading:
CORDERO, Procedura penale, Milano, Giuffrè, ult. ed.
- Assessment
Oral and written examination (multiple choice questions and / or open-ended questions). The written examination consists in very simple questions to select students able to take the oral exam, considered the only one suitable to test communication and technical skills.
- Disability and Specific Learning Disorders (SLD)
Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.
To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.
Additional Information for Non-Attending Students
- Course books
By choice:
AA.VV., Procedura penale, Giappichelli, Torino, ult. ed.;
CONSO-GREVI-BARGIS, Compendio di procedura penale, Padova, Cedam, ult. ed.;
LOZZI, Lezioni di procedura penale, Torino, Giappichelli, ul. ed.;
SIRACUSANO-TRANCHINA-GALATI-ZAPPALÀ, Diritto processuale penale, Milano, Giuffrè, ult. ed.;
TONINI, Manuale di procedura penale, Milano, Giuffrè, ult. ed.
Further reading:
CORDERO, Procedura penale, Milano, Giuffrè, ult. ed.
- Assessment
Oral and written examination (multiple choice questions and / or open-ended questions). The written examination consists in very simple questions to select students able to take the oral exam, considered the only one suitable to test communication and technical skills.
- Disability and Specific Learning Disorders (SLD)
Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.
To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.
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