The course will allow students to acquire an institutional knowledge of criminal proceedings, through the analysis of its qualifying principles and its constitutional and normative discipline. In addition, the course will explore in depth the procedural institutions that involve the intervention and contribution of the psychologist. Similarly, the rules that provide for the use of skills related to this professional figure will be explained.

The first part of the course will analyse—in its main profiles—the discipline of the criminal prosecution introduced by the Italian 1989 Code of Criminal Procedure, examining the fundamental principles, the constitutional coordinates, the subjects, the phases and the rules of the probative procedure. In particular, the following topics will be subject to specific examination:

-   the institutes of expert opinion and technical consultancy;

-   the modalities of listening to the juvenile and the subjects of particular vulnerability during the preliminary investigations;

-   the pretrial hearing,

-   the trial;

-   the contexts in which the involvement of the expert is expected to protect both the emotional stability of the declarant and the genuineness of his testimony;

-   the “probation”, operating both in the juvenile and ordinary context, characterized by the preparation of the probation project by the criminal office of external execution;

-   the functional peculiarities of the criminal trial against the juvenile subject governed by Presidential Decree no. 448 of 1988 and the role of juvenile services in this context.  

A) Knowledge and understanding.

The student must demonstrate adequate knowledge of the discipline of the criminal trial, with regard to the qualifying principles, constitutional requirements and fundamental institutions, and of the places where the assessment of the fact of crime and criminal responsibility is made, using the specific skills of the psychologist.

B) Applying knowledge and understanding.

The student will have to demonstrate that he/she is able to apply the knowledge acquired by formulating possible interpretative solutions to the controversial issues related to the expert’s intervention in the context of criminal proceedings.

C) Making judgements.

The student must demonstrate that he/she is able to integrate the knowledge of the institutesof criminal procedural law with that of the institutes of constitutional and European law, as well as those of related disciplines (e.g. judicial system, penitentiary law, civil and administrative procedural law) and to make critical judgements on the basis of this interdisciplinary platform.

D) Communication skills.

The student must demonstrate that he/she actively participates in study seminars, group work and any activities planned in the living law workshops. He/she must also be able to present his/her conclusions in a clear and effective argumentative way, in discussions with teachers and colleagues.

E) Learning skills.

The student will have to demonstrate that he/she has developed the learning skills necessary to continue studying the subject of criminal justice in an autonomous manner. Furthermore, he/she has the tools to grasp the main critical points of the system and any reforms prepared to overcome 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

There will be seminars held by magistrates and lawyers who have developed—within their professional caree—the relationship between psychology and criminal trial, having as subject, inter alia, the topics of predictive justice and “emotional judge”.

Teaching

Frontal lectures, seminar meetings.

Course books

P. Ferrua – B. Lavarini, Diritto processuale penale. Appunti per gli studenti di Psicologia, Giappichelli, 2011, fino a pag. 116.

C. Cesari, voce Sospensione del processo con messa alla prova, in Enciclopedia del diritto, Annali vol. IX, Giuffrè, p. 1005 ss.

L. Algeri, Il testimone vulnerabile tra esigenze di protezione “dal” processo e diritto alla prova, in Diritto penale e processo, 2020, fasc. 1, pagg. 129 ss.

G. Giostra, Il processo penale minorile, Commento al D.P.R. 448/1988, IV edizione, Giuffrè, 2016: artt. 1, 2, 6, 8, 9, 27, 28, 29.

Assessment

Oral examination, with at least three questions. This method is considered more suitable for verifying not only the student’s proficiency of the legal institutions and “paranormative” regulations, but also the student’s communicative ability, critical attitude and reasoning and linguistic 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.

Course books

P. Ferrua – B. Lavarini, Diritto processuale penale. Appunti per gli studenti di Psicologia, Giappichelli, 2011, fino a pag. 116.

C. Cesari, voce Sospensione del processo con messa alla prova, in Enciclopedia del diritto, Annali vol. IX, Giuffrè, p. 1005 ss.

L. Algeri, Il testimone vulnerabile tra esigenze di protezione “dal” processo e diritto alla prova, in Diritto penale e processo, 2020, fasc. 1, pagg. 129 ss.

G. Giostra, Il processo penale minorile, Commento al D.P.R. 448/1988, IV edizione, Giuffrè, 2016: artt. 1, 2, 6, 8, 9, 27, 28, 29.

Assessment

Oral examination, with at least three questions. This method is considered more suitable for verifying not only the student’s proficiency of the legal institutions and “paranormative” regulations, but also the student’s communicative ability, critical attitude and reasoning and linguistic 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.