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 - c.conti, the Criminal Procedure Manual, 22th ed., Milan, Giuffrè, 2021;
P. Tonini, study guide of the criminal process, 11th ed., Milan, Giuffrè, 2020 (as a teaching aid in the study of the Manual).
P.Tonini-C. Conti, Manuale di procedura penale, 22^ ed., Milano, 2021.
P. Tonini, Guida allo studio del processo penale. Tavole sinottiche e atti, 11^ ed., Giuffrè,
Milano 2020 (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 it is strongly recommended to have passed: General Constitutional Law, Private Law I, 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, 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.
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 course, students shall subscribe to the MOODLE Platform. Indications are awaited on the base of the health situation's evolution.
Further information - Last names H-Z
Having regard to the methods of teaching provision, which can also be telematic because of Covid-19, there are no changes of alphabetical group. The students that want to attend have to sign up on Moodle.
Type of Assessment - Last names A-G
The criminal procedural law exam could be taken in a single interview at the end of the second part of the class. However 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.
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 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.
Course program - Last names A-G
The following issues are addressed in the course: inquisitorial, accusatory and mixed procedural systems; constitutional principles (eg fair trial; presumption of innocence; mandatory prosecution); subjects of the procedure; crime report, prosecution; exercise of civil action for compensation for damages deriving from the crime; fundamental acts of the criminal proceedings; general principles on criminal evidence. In addition, the course will examine the right of evidence in criminal proceedings with particular reference to the evolution of the concept of science and the introduction of new investigation techniques. We will start from the examination of the judge's reasoning, analyzing the fundamental passages of the judicial syllogism and evidential inference, the principle of free conviction, reasonable doubt as a rule of evidence and judgment. The cross-examination issues will be dealt with within the course. The central part of the course will focus on the non-usability of evidence and the discipline of registrants in the criminal trial. All the figures of the subjects called to make statements will be examined, from the witness, to the technical consultants and experts. Particular in-depth study will be dedicated to connected or connected defendants, whose discipline has been the subject of successive reforms inspired by different principles, up to law no. 63 of 2001 which attempted to implement the canons of due process with an incisive reform of the p r o b a t o r i o system.
P. TONINI, Manual of criminal procedure, 21st ed., Milan, Giuffrè ed., 2020.
P. Tonini, Guide to the study of the criminal trial, 11th ed., Milan, 2020 (as a teaching aid in the study of the Manual).
The program is as follows:
P. TONINI, Manual of criminal procedure, 21st ed., Milan, Giuffrè ed., 2020.
-Part I, chap. 1 (history), par. 1-13; only hints of par. 9.
-Part I, chap. 2 (constitutional principles)
par. 1-7 and 9-10; excluding § 8.
-Part II, chap. I (subjects), excluded, of par. 2, letters H (declaration of incompetence), I (non-compliance with the collegial composition), L (detached section), M (capacity of the judge), R (preliminary questions);
excluding par. 8 (other subjects of the procedure).
-Part II, Chap. II (acts), par. 1;
par. 2 (disability); in particular, of the paragraph on "restitution within the deadline", yes general remedy, no specific remedy for the criminal decree. N.B .: only the concept of nullity; the discipline of nullity will be studied in the second semester.
-Part, Chap. III (general rehearsal), excluding par. 9, 11, 12.
-Part II, chap. IV (evidence): par. 1, 2 and 3, excluding par. 3 the letters G, H, I, L;
- Part III - Chap. I, par. 2 (The crime report).
- Part III - Chap. II, par. 2 (Criminal action).
- Appendix on the psychology of testimony, par. 1 and 2.
P. TONINI, Guide to the study of the criminal trial. Synoptic tables and acts, 11th ed., Giuffrè,
Milano 2020 (as a teaching aid for the study of the Manual). For attending students any updates and clarifications will be posted on Moodle.
Program for those who have obtained the transition from Legal Services Sciences.
Criminal procedural law B
The subject of study will be the usability of the evidence and the discipline of the registrants in the criminal trial. All the figures of the subjects called to make statements will be examined, from the witness, to the technical consultants and experts. Particular in-depth study will be dedicated to connected or connected defendants, whose discipline has been the subject of successive reforms inspired by different principles, up to law no. 63 of 2001 which attempted to implement the canons of due process with an incisive reform of the p r o b a t o r i o system.
Detailed plan:
P. TONINI, Manual of criminal procedure, 21st ed., Milan, Giuffrè ed., 2020.
-Part II, Chap. II (acts); par. 2 (disability); in particular, of the paragraph on "restitution within the deadline", yes general remedy, no specific remedy for the criminal decree. N.B .: only the concept of nullity; the discipline of nullity will be studied in the second semester.
-Part II, chap. IV (evidence): excluding par. 3, letters G, H, I, L; par. 5, letter A; and of par. 6, excluding letters E, F, G.
Criminal procedural law A the program remains identical to that ordinarily provided for the master's degree course.
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 – C. CONTI, Manuale di procedura penale, 22^ ed., Milano, Giuffrè ed., 2021.
P. TONINI, Guida allo studio del processo penale, 11^ ed., Milano, 2020 (quale ausilio didattico nello studio del Manuale).
Program:
P. TONINI – C. CONTI, Manuale di procedura penale, 22^ ed., Milano, Giuffrè ed., 2021.
-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 II, Cap. III (prova in generale), esclusi par. 9, 11, 12.
-Parte II, cap. IV (mezzi di prova): par. 1, 2 e 3, escluse del par. 3 le lettere G, H, I, L;
- 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.
Per coloro che hanno ottenuto il passaggio dal CORSO DI LAUREA IN SCIENZE DEI SERVIZI GIURIDICI il Programma è ridotto ed è il seguente:
P. TONINI – C. CONTI, Manuale di procedura penale, 22^ ed., Milano, Giuffrè ed., 2021.
-Parte II, Cap. II (atti); 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 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.