The programme includes:
1) The special part of criminal law: notion, functions, articulations, contents.
And then, alternatively,
2A)
- Crimes against the human being (Articles 575-615-ter c.p.), with the exception of Articles 600-bis-600-octies c.p.
- Offences against property (Articles 624-649 of the criminal code), with the exception of Articles 631-639-bis, 643, 644
or
2B)
- Selection of offences against the human being, the public administration, the administration of justice and property
Sub 1)
- Sussidiario di diritto penale, parte speciale (freely available at https://discrimen.it/ipertesti/sussidiariodipartespeciale/): Chapters I, II, III, IV, V, VI, VII, VIII, IX.
Sub 2A)
- F. Mantovani, Diritto penale. Delitti contro la persona, latest edition, limited to the following parts: chapters II; III, IV (including the part on insult), V; VI; VII; IX.
- F. Mantovani, Diritto penale. Delitti contro il patrimonio, Cedam, latest edition, with the exception of the following parts: chapter II, sections III and IV; chapter III, section III.
Sub 2B)
- Sussidiario di diritto penale, parte speciale (freely available at https://discrimen.it/ipertesti/sussidiariodipartespeciale/): chapters X, XI, XII, XIII, XIV, XV, XVI, XVII, XIX, XX, XXI.
- Doctrine and case law materials from criminal law journals, which will be indicated before the start of the lectures. The list will be posted on Moodle (with direct link to the publication, if in open access).
Learning Objectives - Last names A-G
KNOWLEDGE
Knowledge of the nature and extent of the special part of criminal law, the structure of the special part norms, methods of their genesis and their function. Aware of the problems posed by the integration of general and special part, criminal code’s peculiarities and criminal decoding issues. Technical knowledge, but also critical, of the crimes described in the program.
CAPACITY
Ability to qualify - on the basis of a solid technical and legal methodology - the criminally relevant facts. Ability to link the part of special regulations with those of the general, in order to rebuild in their entirety the conditions of criminal responsibility. Ability to interpret the incriminating norms, with full awareness of their particular structure and function.
SKILLS
Competence to set and resolve - with regard to the protection areas studied - the problem of criminal law and of the correct legal characterization of the facts; ability to independently acquire knowledge and therefore properly set similar problems also with reference to the special part of the areas not covered by the program. Ability to process and verify the validity of the reasoning aimed at supporting various arguments and interpretative options
Prerequisites - Last names A-G
Students must have passed the following exams: Constitutional law I; Private law I. It is strongly recommended Criminal law I
Teaching Methods - Last names A-G
Classes are taught mainly through lectures, but also through the discussion of case law. Students are constantly encouraged to express their opinions and to compare what they already know with the new knowledge acquired.
A specific seminar will be organized to explain the functioning of the main juridical databases for the bibliographic research.
Further information - Last names A-G
For the assignment of the degree theses in "Criminal Law II" priority will be given to the students attending. To this end, the study plan should include the following courses: diritto penale avanzato, diritto penale comparato; criminologia, diritto delle prove penali e diritto dell'esecuzione penale.
Please see "Vademecum per la redazione della tesi di laurea" on Moodle.
Type of Assessment - Last names A-G
There are not distinctions between attending and non-attending students.
There is an oral examination designed to measure the knowledge of the entire program. Specifically, the student will be asked, by each examination committee, two questions: one related to the program of crimes against the person; the second in relation to the economic criminal law program. The committee will express on each of the two questions a separate assessment that will consider the correctness, completeness and clarity of the presentation. This evaluation will be immediately announced to the student. In any case, a third question will always be directed by the theacher, based on the same criteria. The final evaluation will be the average of the different evaluations.
The teacher may ask a fourth question when the previous answers leave a margin of doubt about the evaluation to be assigned, for example because of a significant difference in the evaluation of the previous answers. The candidate can read, explain and comment the Penal Code.
Course program - Last names A-G
The programme includes:
1) The special part of criminal law: notion, functions, articulations, contents.
And then, alternatively,
2A)
- Crimes against the human being (Articles 575-615-ter c.p.), with the exception of Articles 600-bis-600-octies c.p.
- Offences against property (Articles 624-649 of the criminal code), with the exception of Articles 631-639-bis, 643, 644
or
2B)
- Selection of offences against the human being, the public administration, the administration of justice and property
Sustainable Development Goals 2030 - Last names A-G
This course contributes to the realization of the UN objectives of the 2030 Agenda for Sustainable Development