The course aims to illustrate the fundamentals of the criminal law protection of public order:

- introducing the constitutional principles of criminal liability and of the main categories of the general part of criminal law;

- analyzing, also critically, the most important issues of the relationship between criminal law and public order, with reference to the protection of the same and to the criminal policy options that refer to the so-called public security.

First part - The general principles of criminal responsibility

1) Characteristics and principles of criminal law.

2) Structure and manifestations of the crime

3) Response to the crime and penalty system.

Second part - The penal protection of public order

4) The criminal protection of public order in the Criminal Code: crimes and contraventions. 

5) The TULPS, subsequent amendments and subsequent special legislation on related topics.

6) The criminal and related legislation in alleged conditions of emergency or exception; concluding reflections on the legal asset of "public order".  

CONSTITUTIONAL LAW is recommended

Knowledge and understanding

• the criteria for the legitimacy of criminal law, the purpose of the penalty and criminal policy
• general principles of criminal law
• criminal law rules and institutions
• The Law and Order and Public Security Act

Ability to apply knowledge and understanding

• to research, interpret, enforce criminal law

Autonomy of judgment

• assessing and managing regulatory and jurisprudential complexity

Making judgements

• offer elements of criticism and novelty for interpretation and regulatory creation 

Communication skills

• to draft written and oral comments on judgments and legal opinions
• describe and evaluate the empirical data and its application in the light of legislative, jurisprudential and doctrinal reforms and changes

Learning skills

• basic notions for permanent updating

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

Skills acquisition is verified in itinere through exercises and self-assessment tests.

Teaching

Formal classes, seminars, exercitations Innovative teaching methods as described above.

Innovative teaching methods

Debate, moot trials, flipped learning, problem-based learning, learning by doing.

Attendance

Attendance is not compulsory but strongly recommended

Course books

The exam can be prepared on the basis of the personal notes of the lessons.

Consultation of the updated regulatory texts is required.

The support of the course books indicated for non-attending students is recommended, id est:

- on the general principles of criminal responsibility: M. Pelissero, Diritto penale. Appunti di parte generale, Giappichelli, 2023;

- on the special part, G. Fornasari - S. Riondato (a cura di), Reati contro l’ordine pubblico, 2ª ed., Giappichelli, 2017.

The adoption of different study texts can be agreed upon.

Assessment

Oral exam based on three questions or more, with evaluation criteria as follows:

less than 18/30: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20: competence level sufficient. In particular, the student attains the learning results described in “knowledge and understanding”.

21-23: competence level satisfactory. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

24-26: competence level good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

27-29: competence level very good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”.

30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Please Note. The course takes place in two modules and includes a single cumulative exam, with unitary grade, to be taken at the end of the second module.

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

Formal classes, seminars, exercitations Innovative teaching methods as described above.

Attendance

Attendance is not compulsory but strongly recommended

Course books

On the general principles of criminal responsibility: M. Pelissero, Diritto penale. Appunti di parte generale, Giappichelli, 2023;

On the special part, G. Fornasari - S. Riondato (a cura di), Reati contro l’ordine pubblico, 2ª ed., Giappichelli, 2017.

The adoption of different study texts can be agreed upon.

Assessment

Oral exam based on three questions or more, with evaluation criteria as follows:

less than 18/30: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20: competence level sufficient. In particular, the student attains the learning results described in “knowledge and understanding”.

21-23: competence level satisfactory. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

24-26: competence level good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

27-29: competence level very good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”.

30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Please Note. The course takes place in two modules and includes a single cumulative exam, with unitary grade, to be taken at the end of the second module.

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.