The course will be divided into three parts. The first two parts will be dedicated to the "general part" of criminal law and the third part will have a laboratory character and will be dedicated to some particular areas of criminal law.
For the part of the program relating to some crimes against the public administration, students can use the notes taken during the lessons or
the following contribution: F. Cingari, Crimes against the public administration, in F.Cingari, M.Papa, A. Vallini, Lessons of criminal law, special part. Crimes against the person, crimes against the public administration, crimes against the administration of justice, Turin, 2021, from p. 142 on p. 177.
Learning Objectives
The aim of the course is to make the learner acquire knowledge relating both to the general part of criminal law and to some areas of the special part. With reference to the general part, the aim of the course is to make the learner acquire knowledge relating to the fundamental principles of criminal law, with particular regard to the nature and functions of the punitive sanction, criminal liability, the criteria governing criminalization choices and techniques. identification of criminally unlawful facts (principles of materiality, offensiveness and typicality), as well as the principle of legality with its corollaries of the reserve of the law, of the determination and non-retroactivity of the criminal law. Furthermore, the course aims to acquire knowledge relating to the analysis of the crime (objective and subjective components of the typical fact, causes of justification, guilt) and the so-called forms of manifestation of the crime (attempted crime, participation of persons in the crime, circumstances and concurrence of crimes), as well as the discipline of the sanctioning system and the criminal liability of collective bodies. With reference to the special part of criminal law, the aim of the course is to provide the learner with knowledge of some crimes against the public administration.
Skills
On a general level, predisposition to understand the reason for the problems that arise, assuming a perspective aimed more at the argumentation and justification of the assertions than at the acquisition of defining notions.
Capacity
Ability to address the main issues that emerge in the general part of the criminal code, both at the level of legislative choices and application interpretation, having particular regard to the perennial tension between the preventive needs expressed by the company and those of guarantee expressed by the offender. Ability to deal with legal issues posed by the incriminating norms that configure the crimes.
Ability to search for normative, bibliographic and jurisprudential material and to use them for the purpose of setting legal problems.
Prerequisites
To sit the exam, it is necessary to have passed: General Constitutional Law, Private Law I.
Teaching Methods
Frontal teaching lessons: total 72 hours.
A part of the course will have a laboratory character
Type of Assessment
The exam is taken in oral form.
Course program
The course will be divided into three parts. The first two parts will be dedicated to the "general part" of criminal law and the third part will be dedicated to some particular areas of criminal law.
In particular, the first part of the course will be dedicated to the fundamental principles of criminal law, with particular regard to: the nature and functions of the punitive sanction, its differential characteristics with respect to other sanctioning instruments and the corollaries concerning the structure of criminal liability; the principles governing the choices of criminalization and the techniques for identifying criminal offenses (principles of materiality, offensiveness, typicality); the principle of legality, examined in its corollaries of the legal reserve (with hints on the problem of "European criminal law"), of the determination and non-retroactivity of criminal law. The second part of the course will be dedicated, first of all, to the analysis of the crime, with particular regard to the objective and subjective components of the typical fact, to the causes of justification and to guilt. The general guidelines of the discipline of the so-called forms of manifestation of the crime will therefore be provided (attempted crime, concurrence of persons, detailed crime, concurrence of crimes). Secondly, this part of the course will also provide general notions on the sanctioning system and on the commensuration of the sentence.
The last part of the course will have a laboratory character and will be dedicated to some crimes against the public administration, and to some profiles of the criminal responsibility of collective bodies.