CRIMINAL PROCEDURE
Academic year and teacher
If you can't find the course description that you're looking for in the above list,
please see the following instructions >>
- Versione italiana
- Academic year
- 2022/2023
- Teacher
- DANIELE NEGRI
- Credits
- 15
- Didactic period
- Secondo Semestre
- SSD
- IUS/16
Training objectives
- The aim of the course is to make the students confident in the inner working of the criminal law procedure, and in the Constitutional and Conventional principles. The students have to understand the relationship between the provisions and the general categories and principles. They also have to understand the chronological development of the proceeding; to critically evaluate the consistence of the single provision with the Constitution; to understand the case-law and the most relevant issues of the criminal procedure.
Prerequisites
- Grounded knowledge of Constitutional Law and of the general part of the Criminal Law.
Preparatory Courses: Constitutional Law; Institutions of Private Law; Criminal Law, European Union Law. Course programme
- 1. Introduction (6 hours)
The proceeding models: adversarial and inquisitorial system. The criminal law in the criminal process. Historical study of the Criminal process in Italy since 1930 up to now. The due process of law according to the Constitution and the ECHR.
2. The Criminal proceeding according to the Constitution (10 hours)
The impartial judge; the competence of the judge; the defence right; the presumption of innocence; the due process of law and the adversarial method and its exceptions; the mandatory prosecution principle; the rule of law in the criminal proceeding.
The single provisions that implement the Constitutional principles.
3. The actors of the criminal proceeding ( 6 hours)
The Judge; the public prosecutor; the police; the defendant and his attorney; the victim; the other parties in the process.
4. The invalidity of the procedural acts (4 hours)
The structure of the procedural act. The invalidity and the exclusionary rule. The inadmissible act.
5. The proceeding in the preliminary phase (16 hours)
The pre-trial investigation. The notitia crimins. The communication between public prosecutor and the police. The inspections, the search, the seizure, the wiretapping, the compulsory sampling of biological material. The impossibility to gather the evidence in the trial. Questioning; the right to silence and its limits. The assisted witness. The participation of the attorney to the investigation phase. The evidentiary hearing. The conclusion of the preliminary phase. The decision to not prosecute.
6. Cautionary measures (10 hours).
The arrest measure. The requisite of the measures. The choice of the measures. The decision. The attack to the decision.
7. The trial (16 hours)
The criminal action and the charge. The pre-trial hearing. The double dossier system. The trial. The cross examination. The trial acquisition of the evidence. The agreements on the evidence. The expert evidence. The decision. The guilty decision and the acquittal.
8. Special proceedings (8 hours).
The non-trial proceedings: plea bargaining and summary trial. Proceeding by decree. The proceedings with trial. Immediate trial and direct trial. The probation.
9. The attack to the decision (6 hours)
The attacks to the decision. The appeal. The remedy before the Court of Cassation. The revision. The rescission of the judgement.
10. Ne bis in idem (2 hours)
11. Exercitations (6 hours)
Analysis of fragments of hearings.
Analysis of procedural acts.
Exercitation on the double dossier system. Didactic methods
- During the course the student will receive all the theoretical instruments to understand the inner working of the proceeding. The course will take into consideration the case law on the most relevant provisions. When possible, the teacher will start by making a short introduction to every topic of the course and he will open and guide the debate among the students. In the exercitations the students will be divided into small groups and work as in the real profession.
All the lessons will be held in Palazzo Angeli. All the lessons will be recorded and the recordings will be available in Classroom, only during the semester Learning assessment procedures
- Oral examinations. The teacher will ask to questions: one is on general issues, and the secondo more specific. The grade is the mean score between the grade of each question. The failure in the first question is beyond repair. The failure in the second question can be recover with a third question. For the 30 with honour the student has to answer to a question on a specific case and elaborate a personal argumentation.
The exams are on line, through Googlemeet, until it’ll be mandatory, and they are oral exams. Reference texts
- A. Camon–C. Cesari–M. Daniele–D. Negri–P.P. Paulesu, Fondamenti di procedura penale, 3a ed., Cedam, Padova, 2021, limited to the following chapters:I–XVIII, XX (§§ 1–5).
Double degree programme:
A. CAMON–C. CESARI–M. DANIELE–D. NEGRI–P.P. PAULESU, Fondamenti di procedura penale, 2a ed., Cedam, Padova, 2020, limited to the following chapters: I–XV.
It is necessary an updated code of criminal procedure.
