CRIMINAL LAW I
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- CIRO GRANDI
- Credits
- 9
- Didactic period
- Primo Semestre
- SSD
- IUS/17
Training objectives
- Good knowledge of the nature and features of Criminal Law and understanding of concepts and general categories; acquisition of technical language.
Main knowledge: in-depth knowledge of general principles of Criminal Law and their value in the legal system with reference to effectiveness and limits, structure and elements of offence, special forms of offence execution, penalty and enforcement system, offender and criminal liability.
Main skills: application of general principles and institutes to practical cases Prerequisites
- In order to be admitted to examination, students must have passed the following exams: Constitutional Law, Institutions of Private Law.
Course programme
- I. Introduction to criminal law, its specific features and the functions of punishment.
II. Criminal law and the Constitution: the "constitutional dimension" of criminal law. The principle of legality and its corollaries.
III. Analysis of the crime, general characteristics.
The typical fact: conduct, event, causal relationship.
The subjective element.
Causes of justification.
Guilt. The causes of exclusion of guilt: non-attributability, ignorance of the law and excuses.
IV. The so-called forms of manifestation of the crime - The circumstances - The attempted crime - Concurrence of crimes - Accomplicity
V. The punishability and consequences of the crime.
Main and accessory penalties. Security measures. The proportion of the penalty. Punishability.
For attending students only it will be possible to take the examination in an early date at the end of the course (December).
Translated with www.DeepL.com/Translator Didactic methods
- Lectures (that will be accompanied by supporting slides). In-depth seminars about issues of interpretation and application. The teaching method focuses on the direct involvement of the students even at the stage of the explanation of the new topics, stimulating the reasoning and the proposition of simple practical cases
Audio recordings of the lessons and related slides will be available on the Eiduco study platform (course code: DVI113LWP)
In order to participate in the lessons and prepare for the examination, it is recommended that the Constitution and an updated Penal Code be constantly consulted. Learning assessment procedures
- Oral examination to verify the full knowledge of the issues covered by the programme and the student's ability to interpret and resolve concrete issues. The oral exam consists in the proposition of three questions on different parts of the program and of which one always alleging the penalty system. The final grade results from the average of the grades deriving from every single answer given by the student to the three questions. This rule does not apply if the student isn't in the condition of sustaining the exam.
Reference texts
- As an alternative:
-F. Palazzo, Corso di diritto penale. Parte generale, 8° ed., Giappichelli, Torino, 2020 (o edizione o ristampa più recente, se disponibile); attending students shall not study the following pages: 162-190; 625-634.
or
- G. Marinucci, E. Dolcini, G.L. Gatta, Manuale di diritto penale. Parte generale, X ed., Giuffrè, 2021 (or latest edition available);
sez. I, cap. I: par. 6 and 7 (and subparagraphs), par. 8.2, 8.3, 8.4;
sez. II, cap II: par. 11; paras. 2.4 and 2.5 selected topics illustrated during the lectures;
sez. II, cap. III: par. 21, 22, 23, 24, 28; paras. 14-20 e 25-27 selected topics illustrated during the lectures.
sez. III, cap. IV: par. 5; cap. IX: par. 7
sez. VII, cap. XIII: par. 7.2-7.6, 10.3, 10.4 paras. 10-20 selected topics illustrated during the lectures; cap. XIV: par. 8-17, 19.
An updated text of the Italian Criminal Code and of the Italian Cosntitution is necessary to attende the course.
