Procedural systems; constitutional principles; Subjects and acts of criminal proceedings; The general principles on the test; Usability testing; means test
Course Content - Last names H-Z
Procedural systems; Constitutional Principles Subject of the criminal acts and phases of the trial; The general principles on the evidence; Exclusionary rules; means to prove.
P. TONINI, the Criminal Procedure Manual, 20th ed., Milan, Giuffrè ed., 2019.
P. Tonini, study guide of the criminal process, 10th ed., Milan, 2018 (as a teaching aid in the study of the Manual).
P.Tonini, Manuale di procedura penale, 20^ ed., Milano, 2019.
P. Tonini, Guida allo studio del processo penale. Tavole sinottiche e atti, 10^ ed., Giuffrè,
Milano 2018 (as a teaching aid for the Manual).
Learning Objectives - Last names A-G
The course aims at making students aware of the rules that regulate the main subject of the criminal proceedings, developing a willingness to understand the issues that arise in the process, with particular reference to the protection of the rights of the injured party wishing to exercise the civil action damage within the criminal trial. You want to stimulate the ability to critically learn about the ways in which it implements the decision-making function of the court, with particular reference to the maximum of experience and the scientific laws that integrate the evidential reasoning. The course also intends to introduce the evidence of discipline, which is a real sub-process in the criminal trial.
We tend to communicate the ability to understand the rationale of the institutes also according to the system in which they are placed.
It confers jurisdiction to address key legal issues that arise in relation to the static part of the criminal procedure law. Students will be enabled to evaluate and to solve the main problems by arguing in the light of the criminal procedural law principles contained in the Constitution and the guarantees provided for in international conventions relating to human rights.
Learning Objectives - Last names H-Z
The aim of the course is to allow the student’s achievement of ability to comprehend the principle subjects of the trial; the possible problems arising in the trial, with the perspective of protecting the rights of both the accused and the victim of the crime, with particular reference to safeguard the rights of the offended part willing to pursue the civil action for claiming compensation within the criminal trial. Awareness of the judge decisional schemes, with particular reference to the rules deriving from the experience and to the scientific laws that support the evidence reasoning. The course also aims at introducing the evidence rules, which is really a sort of sub-proceedings in the criminal trial. We intent to explain the ratio of legal rules, depending also on the framework they are part of. The course will allow the students to address the major legal issues on evidence. The aim is to highlight both, the major issues that arise in relation to the evidence and the sensitivity to the principles of criminal procedural law contained in the Constitution and to the guarantees provided by international conventions related to personal rights.
Prerequisites - Last names A-G
To take the exam must have passed: General Constitutional Law, Private Law I. It is strongly recommended to also take the exam of Criminal Law I.
Prerequisites - Last names H-Z
For exam the student must have passed: General Constitutional Law, Private Law I, Criminal Law I.
Teaching Methods - Last names A-G
lectures, exercises and seminars to be held during the months from March to May. They will be adopted in all educational methodologies. Power point presentations and other materials handed out during the lessons, will be available through the Moodle Platform.permitted by the new structuring of the classrooms. In particular, they will use diagrams, flow charts, examples of acts, films that represent key moments of the criminal proceedings, enhancing the ability to learn the concepts transmitted. Attending students will attend a hearing at the Court of Florence; They will act in a brief report that will present in class and final exam.
Teaching Methods - Last names H-Z
Lectures, conferences, tutorials and seminar to be held in September, October, November and December. The course will adopt all the teaching methods allowed by the new structure of the classrooms. In particular, we will use diagrams, flow charts, examples of acts, films that represent key moments of the criminal trial. Power point presentations and other materials handed out during the lessons, will be available through the Moodle Platform.
Further information - Last names A-G
In order to attend the corse, students shall subscrive to the Moodle Platform by the first week of lessons. Those having a surname starting with letters A to G, may subscrive after their application to change course is accepted.
The attendance of registered students will be verified by roll call on a random basis. Studentds enrolled in the course are required to notify the teacher before the beginning of each lesson if they are absent, writing an e-mail with the subject: "justification". A maximum of 5 justifications will be allowed.
Further information - Last names H-Z
In order to attend the course, students shall subscribe to the MOODLE Platform by the first week of lessons. Those having a surname starting with letters A to G, may subscribe after their application to change course is accepted.
The attendance of the registered students will be verified by roll call on a random basis. Students enrolled in the course are required to notify the teacher before the beginning of each lesson if they are absent, writing an e-mail with the subject: "justification".
Type of Assessment - Last names A-G
Oral examination; Optional written test at the end of the lessons does not rule out the oral examination. They will be proposed more tracks that allow the performance of the theme in relation to the degree of preparation of the students. The check consists of several floors: first will be established the student's ability to expose the material using appropriate technical language; Secondly, the ability of the student to resolve any questions of interpretation, starting from the given provisions and by reference to the principles of criminal procedure; Finally will be checked for systematic reasoning.
Type of Assessment - Last names H-Z
The criminal procedural law exam could be taken in a single interview at the end of the second part of the class. However the attending students will be able to subdivide the study of the subject by taking an intermediate test, which corresponds to the first part of the course, during the winter term. The students will get a provisional mark, which will influence the attribution of the final grade, at the end of the oral exam which corresponds to the second part of the course. The intermediate test will be valid until the appeal of September.
Course program - Last names A-G
During the following issues are addressed: procedural systems inquisitorial, adversarial and mixed; constitutional principles (eg. due process, presumption of innocence; the mandatory prosecution); parties to the proceedings; news of crime, prosecution; exercise civil action for compensation for damage caused by the offense; fundamental acts of criminal proceedings; General principles of criminal trial. In addition, the course will examine the law of evidence in criminal proceedings, with particular reference to the evolution of the concept of science and the introduction of new investigation techniques. It would build upon an examination of the judge's reasoning, analyzing the basic steps of the judicial syllogism inference and evidence, the principle of free conviction, the reasonable doubt as evidentiary rule and judgment. Inside the course will deal with cross-examination issues. The central part of the course will focus on the usability of the evidence and the discipline of the respondents in the criminal trial. They will examine all the figures of the subjects called to make statements, the witness, expert or expert. deepening attention will be devoted to the accused linked or connected, the regulation of which was the subject of successive reforms based on different principles, until the law n. 63 of 2001 which attempted to implement the standards of due process with a thorough reform of the system or b r p o r a t i o.
P. TONINI, the Criminal Procedure Manual, 20th ed., Milan, Giuffrè ed., 2019.
P. Tonini, study guide of the criminal process, 10th ed., Milan, 2018 (as a teaching aid in the study of the Manual).
The program for attending students will be distributed in class.
The program for non-attending students is as follows:
P. TONINI, the Criminal Procedure Manual, 20th ed., Milan, Giuffrè ed., 2019.
-Part I, chap. 1 (History), para. 1-13; only hints of par. 9.
-Part I, chap. 2 (constitutional principles) par. 1-7 and 9-10; excluded § 8.
-Part II, chap. I (subject), excluding, of par. 2, H (dichiaraz. Incompetence), I (non-compliance with collegial), L (sect. Branch), M (the judge's capacity), R (questions); except par. 8 (other parties to the proceedings).
-Part II, Chap. II (acts), para. 1; par. 2 (disability); in particular, the section on "reopening of the time", yes general remedy, no specific remedy for a criminal order. N.B .: nerd just the concept; the discipline of invalidity is to be examined in the second half.
-part, Cap. III (evidence in general), except par. 9, 11, 12.
-Part II, chap. IV (evidence): except par. 3, letters G, H, I, L; par. 5, letter A; and par. 6, excluding letters E, F, G.
- Part III -Cap. I, par. 2 (The news of crime).
- Part III -Cap. II, para. 2 (Prosecution).
- Appendix on the psychology of testimony, par. 1 and 2.
Course program - Last names H-Z
The course encompasses the following themes: inquisitorial, adversarial and mixed procedural systems; constitutional principles (eg, due process, presumption of innocence; mandatory prosecution); subject of the trial; news of crime, prosecution, civil action for compensation for damages; fundamental acts of criminal proceedings, general principles on evidence. The course will examine the rules of evidence in criminal trial with particular reference to the evolution of the concept of science and to the introduction of new investigation techniques. It will build on the judge approach and analyze the basic steps of the judicial syllogism and of the evidentiary inference, the principle of free convincement, the reasonable doubt as a rule in evidence development and trial. During the course the problems of cross-examination will be discussed. The central part of the course will deal with exclusionary rules and the discipline of declarations in a criminal trial. All subjects called to give statements (witnesses, consultants and technical experts) will be duly studied. Particular attention will be paid to the defendants connected or linked, whose
Tipo testo Testo discipline has been the focus of subsequent reforms inspired by different principles, till the Law 63 of 2001 which attempted to implement the standards of due process with a vigorous reform of the evidence system.
P. TONINI, Manuale di procedura penale, 20^ ed., Milano, Giuffrè ed., 2019.
P. Tonini, Guida allo studio del processo penale, 10^ ed., Milano, 2018 (as a teaching aid for the Manual).
The program for attending students will be given at lesson.
The program for non attending students is the follow:
Il programma per i non frequentanti è il seguente:
P. TONINI, Manuale di procedura penale, 20^ ed., Milano, Giuffrè ed., 2019.
-Parte I, cap. 1 (storia), par. 1-13; solo cenni del par. 9.
-Parte I, cap. 2 (princìpi costituzionali)
par. 1-7 e 9-10; escluso § 8.
-Parte II, cap. I (soggetti), escluso, del par. 2, lettere H (dichiaraz. di incompetenza), I (inosservanza della composizione collegiale), L (sez. distaccate), M (capacità del giudice), R (questioni pregiudiziali);
escluso par. 8 (altri soggetti del procedimento).
-Parte II, Cap. II (atti), par. 1;
par. 2 (invalidità); in particolare, del paragrafo sulla “restituzione nel termine”, sì rimedio generale, no rimedio specifico per il decreto penale. N.B.: della nullità solo il concetto; la disciplina della nullità sarà oggetto di studio nel secondo semestre.
-Parte , Cap. III (prova in generale), esclusi par. 9, 11, 12.
-Parte II, cap. IV (mezzi di prova):
esclusi par. 3, lettere G, H, I, L; par. 5, lettera A;
e del par. 6, escluse lettere E, F, G.
- Parte III -Cap. I, par. 2 (La notizia di reato).
- Parte III -Cap. II, par. 2 (L’azione penale).
- Appendice sulla psicologia della testimonianza, par. 1 e 2.