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.

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

Criminal Law I

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. 

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

Specifications and slides.

Seminars, conferences and meetings on the subject themes of legislative reforms and jurisprudential contrasts. Visits to courts and jals.

Teaching

Lectures - Seminars - The living law Laboratories

Attendance

None

Course books

GIOSTRA, Prima lezione sulla giustizia penale,Edizioni Laterza, Bari-Roma, 2020

And one of the following, 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.;

- TONINI, Manuale di 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.

Teaching

See inside the Moodle platform › blended.uniurb.it

Attendance

None

Course books

GIOSTRA, Prima lezione sulla giustizia penale,Edizioni Laterza, Bari-Roma, 2020

and one of the following, 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.;

- TONINI, Manuale di 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.

Students who have passed the Judiciary System exam are exempted from the following part of the program: The criminal trial systems - The subjects of the trial: the judge and the public prosecutor (book I of the criminale procedure code).

Students who have passed the Penitentiary Law exam are exempted from thee following part of the program: Execution - The Supervisory Judiciary (book X of the criminale procedure code).

The knowledge of the most recent legislative changes is always required to all students, even if not yet indicated in the recommended textbooks.