B027690 - THE LAW OF EVIDENCE IN CRIMINAL PROCEDURE

Italian

In-depth and exhaustive illustration of the subject of criminal evidence, with particular reference to scientific evidence and related investigation methods.

P. TONINI e C. CONTI, Il diritto delle prove penali, 2^ ed. Giuffrè, Milano, 2014, ristampa aggiornata.
AA.VV., Processo mediatico e processo penale. Per un’analisi critica dei casi più discussi da Cogne a Garlasco, a cura di C. Conti, Giuffrè, 2016.

The course 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.

To take the exam, it is necessary to have taken the constitutional and private law exams. Furthermore, it is strongly recommended to have passed: Criminal law I; criminal procedural law

Lectures, expert conferences.
The course will also make use of the innovative teaching methods c.d. blended learning.
IN PARTICULAR, LESSONS WILL BE CARRIED OUT IN THE FORM OF INNOVATIVE "REVERSED" TEACHING. STUDENTS WILL STUDY THE CONTENTS INSERTED IN MOODLE BY THE TEACHER AND AIMED AT TEACHING HOW TO WRITE A NOTE TO A CRIMINAL SENTENCE. THE MATERIALS MUST BE READ UNTIL YOU REACH THE "END OF ACTIVITY". IN THE NEXT CLASSROOM LESSON THE MATERIALS WILL BE DISCUSSED.
FURTHERMORE, LESSONS WILL BE CARRIED OUT IN THE FORM OF ACTIVE INDIVIDUAL OR GROUP TEACHING. SOME SENTENCES WILL BE INSERTED IN MOODLE FROM WHICH YOU WILL CHOOSE ONE TO NOTE AT HOME INDIVIDUALLY OR IN SMALL GROUPS. YOU WILL THEN MUST UPLOAD THE ASSESSMENT ON MOODLE WITHIN THE INDICATED DEADLINE. THEN THE "MODEL" SENTENCE NOTES PREPARED BY THE TEACHER WILL BE INSERTED, WHICH EVERYONE WILL BE ABLE TO COMPARE WITH THEIR OWN. SELF-ASSESSMENT CRITERIA WILL ALSO BE INCLUDED.

The students that want to attend have to sign up on Moodle. Attendance will be verified in class.

Oral Exam. Indicatively, the oral exam will consist of three questions on the exam program. One of them will be on one of the topics covered in class chosen by the student. The assessment will allow you to pass the exam if the answers are fully sufficient and no gross errors or gaps emerge. The evaluation will be excellent if the answers are exhaustive also with reference to the relevant constitutional principles and relevant jurisprudence. The following profiles will also be taken into consideration: ability to discursively organize knowledge, critical reasoning skills, quality of exposure, competence in the use of specialist vocabulary, effectiveness and linearity of exposure. Descriptive knowledge, more or less extensive, but without critical analysis and without references to the constitutional and jurisprudential context, can allow the exam to be passed but not a particularly high evaluation.

The course will cover the matter of evidence, which is one of the most fascinating and complex matters of criminal procedure. The full understanding of the subject requires, in addition to basic knowledge acquired during the institutional course on Criminal Procedural Law, a thorough study of the rules governing the determination of the fact. We will analyze the fundamental principles of criminal trial with
particular reference to the constitutional reform of “due process” and to the so-called “principio dispositivo attenuato”, which is typical of the Italian system. Furthermore, we will address the basic steps of the
judiciary syllogism and of probative inference, the principle of free persuasion, the reasonable doubt as rule of evidence and of judgment.
The central part of the course will cover common features and singularities that characterize the declarative and scientific evidence. We will dedicate a special focus on new scientific technologies and on atypical evidences: of them we will discuss the limits resulting from the exclusion rules. In view of the need to adapt Italian legislation to the dictates of the European Convention on Human Rights, as interpreted by the relevant Court, the last part of the course will focus on the discipline of the statements made out of the cross examination and how the exclusionary rule works on them. In order to envisage a comprehensive overview of the subject, considered also in terms of living law, the teaching method will consist in a critical examination of positive discipline and of relevant jurisprudence.
P. TONINI e C. CONTI, Il diritto delle prove penali, 2 ^ ed. Giuffrè, Milano, 2014, ristampa aggiornata.
Aa.Vv., Processo mediatico e processo penale. Per un’analisi critica dei casi più discussi da Cogne a Garlasco, a cura di C. Conti, Giuffrè 2016.
The program for the attending students will be on Moodle Platform. Lessons's notes are part of the syllabus.

Program for non attending students:
P. TONINI e C. CONTI, Il diritto delle prove penali, ed. Giuffrè, Milano, 2014, ristampa aggiornata limitatamente alle seguenti parti:
-Introduzione;
-Cap. I.
-Cap. II,
eccettuato par. 6, lettere h, i, l;
eccettuato il paragrafo 8;
-Cap. III eccettuati: parr. da 2 a 8;
eccettuato par. 14, lett. e ed f;
eccettuati parr. 15 e 16;
-Cap. IV eccettuati i parr. da 1 a 4 e i parr. da 7 a 9;
-Cap. V eccettuati par. 7-9; par. 13; par. 17.

Aa.Vv., Processo mediatico e processo penale. Per un’analisi critica dei casi più discussi da Cogne a Garlasco, a cura di C. Conti, Giuffrè 2016, limitatamente ai contributi di C. Conti, P. Tonini e Diletta Signori, F.M. Iacoviello.

This teaching contributes to the realization of the UN objectives of the 2030 Agenda for Sustainable Development