The first objective is to acquire an institutional knowledge of the criminal procedure, through the analysis of its qualifying principles and its main Constitutional and regulatory principles. The latter, in particular, are embodied in the Italian Code of Criminal Procedure (CCP).

A further objective is to explore in depth the procedural steps that involve the psychologist's intervention and contribution and those that provide for the use of skills related to this professional figure.

During the course, special attention will be paid to the role of the psychologist and legal psychology in the various stages of criminal proceedings.

The following topics will be treated (approximately two hours will be devoted to each topic):

- Public law and private law. Criteria for interpreting the law;

- The system of sources of criminal law and criminal procedure;

- Criminal law and the crime;

- The principle of legality in criminal matters;

- Structure of the offence. Imputability;

- The general characteristics and structure of criminal proceedings;

- Inquisitorial system, adversarial system;

- Constitutional principles of criminal proceedings;

- The subjects of the proceedings and the parties;

- Acts of the proceedings and evidence. In particular: testimony and expert testimony;

- The stages of ordinary proceedings: preliminary investigation and preliminary hearing;

- The stages of ordinary proceedings: the trial;

- Special proceedings. In particular: the suspension of proceedings with probation (characterized by the preparation of the probation project by the External Criminal Execution Office);

- Judgement of acquittal and conviction;

- Appellate remedies and res judicata;

- The penitentiary system. The execution of therapeutic security measures (REMS);

- The testimony of minors and offended persons in a particularly vulnerable condition;

- Expertise and technical consultancy to verify the minors capability to testify.

None.

A) Knowledge and understanding - The student must show to have a suitable knowledge of the main provisions governing the Italian criminal trial and the ability of understanding of its constitutional and international principles and the venues in which the determination of the crime and criminal responsibility utilizes the specific expertise of the psychologist.

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 (eg. 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 and 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

Self-assessment tests; seminars.

Teaching

Lectures, seminar meetings, visit to one or more penal institutions.

Innovative teaching methods

For some topics: flipped classroom, debate.

Attendance

None.

Course books

1) M. Pelissero, Diritto penale. Appunti di parte generale, II ed., Wolters Kluwer-Cedam, 2023, limited to the following pages: 1-13, 16-44, 51-75, 81-89, 94-116, 127-137, 177-185, 189-198.

2) P. Ferrua-B. Lavarini, Diritto processuale penale. Appunti per gli studenti di Psicologia, Giappichelli, 2011 (the whole book).

3) C. Cesari, Sospensione del processo con messa alla prova, in Enciclopedia del diritto, Annals vol. IX, Giuffrè, 2016, p. 1005 ff.

4) N. Pascucci, La testimonianza della persona offesa minorenne. Dalle sollecitazioni sopranazionali alle risposte dell'ordinamento italiano, Giappichelli, 2020, p. 76-92, 117-140 (up to the third line), 153-160, 168-186 (up to the third line), 213-246, 249-261.

Assessment

Oral examination.

This method is considered more suitable for verifying not only student’s proficiency of legal institutions and “paranormative” regulations, but also 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.

Teaching

Use the didactic material available on the Moodle platform: blended.uniurb.it.

To give non-attending students the opportunity to compensate with self-study what is done during the lectures, diagrams and materials referring to the same program content are downloadable from blended.uniurb.it for the purpose of promoting full understanding.

Attendance

Attendance is not mandatory.

Course books

1) M. Pelissero, Diritto penale. Appunti di parte generale, II ed., Wolters Kluwer-Cedam, 2023, limited to the following pages: 1-13, 16-44, 51-75, 81-89, 94-116, 127-137, 177-185, 189-198.

2) P. Ferrua-B. Lavarini, Diritto processuale penale. Appunti per gli studenti di Psicologia, Giappichelli, 2011 (the whole book).

3) C. Cesari, Sospensione del processo con messa alla prova, in Enciclopedia del diritto, Annals vol. IX, Giuffrè, 2016, p. 1005 ff.

4) N. Pascucci, La testimonianza della persona offesa minorenne. Dalle sollecitazioni sopranazionali alle risposte dell'ordinamento italiano, Giappichelli, 2020, p. 76-92, 117-140 (up to the third line), 153-160, 168-186 (up to the third line), 213-246, 249-261.
 

Assessment

Oral examination.

This method is considered more suitable for verifying not only student’s proficiency of legal institutions and “paranormative” regulations, but also student’s communicative ability, critical attitude and reasoning and linguistic skills.

The assessment criteria and related marks are determined according to the following scale:

less than 18: insufficient level of competence. The candidate does not achieve any of the learning outcomes set out under ‘knowledge and understanding’;

18-20: sufficient level of competence. The candidate achieves the learning outcomes specified under ‘knowledge and understanding’;

21-23: level of competence fully sufficient. The candidate achieves the learning outcomes stipulated under ‘knowledge and understanding’ and ‘applied knowledge and understanding’;

24-26: good level of competence. The candidate achieves the intended learning outcomes at the points ‘knowledge and understanding’; ‘knowledge and understanding applied’ and ‘independent judgement’;

27-29: very good level of competence. The candidate achieves the expected learning outcomes at the points ‘knowledge and understanding’, ‘knowledge and understanding applied’, ‘autonomy of judgement’ and ‘communication skills’;

30 and 30 cum laude: excellent level of competence. The candidate fully achieves the learning outcomes set out at the points ‘knowledge and understanding’; ‘knowledge and understanding applied’; ‘autonomy of judgement’; ‘communication skills’ and ‘ability to learn’.

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.

Attendance is fixed at two-thirds of the lectures.