The criminal law course will be split in three parts.
The first part will deal with the most important principles of Italian
criminal law.
The second part has the purpose of teaching the theoretical structure of
the crime.
The third part, at the end, will provide general notions regarding
penalties and sentencing.
F. Palazzo, Corso di diritto penale, Parte generale, 8th Edition, Torino,
Torino 2021
and also
Aa.Vv., Sussidiario di diritto penale, Parte speciale, a cura di F. Giunta,
available in open access on disCrimen (www.discrimen.it, sezione “Testi e
Ipertesti”), in the parts that will be indicated during the lessons
Learning Objectives
KNOWLEDGES
Knowledge of the fundamental principles of criminal law, with particular
reference to the nature and functions of the punitive sanction, criminal
liability, the principles governing the choices of criminalization and the
techniques for detecting criminal offenses, the principle of legality
(foundations and political-constitutional meaning) with its corollaries of
the law, determination and irretrievability.
Knowledge about the crime analysis.
General guidelines of the c.d. forms of manifestation of the crime and
notions about the sanctioning system.
ABILITIES
A) Research ability for regulatory, bibliographic and jurisprudential
material;
B) Ability to address the main issues that emerge with regard to the
function of criminal law;
C) Ability to keep in mind and adequately select the main interpretations
of legislation in doctrine and jurisprudence.
SKILLS
Sensitivity to the relationship between the general part of criminal law
and the general principles outlined in our Constitution.
Awareness of the different solutions adopted by the fundamental types of
configurable criminal systems (democratic, totalitarian, objective,
subjective, mixed).
Sensitivity to the problems arising from the emergence of new forms of
crime (both in terms of intensification of migration flows, in the field of
economy and terrorism) and of the risks for the guarantee function and
the prospects for reform that these dynamics grafted.
Awareness of the opening up of a new "European" and international
dimension of criminal law.
Prerequisites
Students must have passed: Constitutional Law (Diritto costituzionale
generale), Private Law (Diritto Privato I).
Teaching Methods
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.
Further information
Registration to the Moodle e-learning platform is required
Type of Assessment
Oral examination usually consisting of two questions. The first question
deals with a broad topic, in order to allow the student to show her
knowledge as well as the ability to connect the different parts of the
program. the second question might be narrower, in order to check the
existence of serious gaps. The candidate can read, explain and comment
the Penal Code. The teacher may ask a third 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.
Course program
The criminal law course will be split in three parts.
The first part will deal with the most important principles of Italian
criminal law, with specific regard to the punishment objectives. In this
part, the attention will be focused on the principle of legality in criminal
law and to its corollaries: the rule of law, the strict meaning of the written
law and the non-retroactivity of the law.
The second part of the course has the purpose of teaching the theoretical
structure of the crime, with specific regard to the actus reus and the
mens rea, to the defenses and to the "culpability"; the main features of
penalities and sentencing.
The third part, at the end, will provide general notions on the main
features of penalities and sentencing.