I) Criminal procedural part.
The course is dedicated to the fundamentals of the criminal procedural system and its operating methods in the light of judicial experience
II) Civil, administrative and tax procedural part.
The course is dedicated to the introduction to the study of protection before the various jurisdictions, in the constitutional and European regulatory framework, with particular reference to the civil process as a reference model.
I) Criminal procedural part.
P. Tonini, short manual. Criminal procedural law, 15th ed., Milan, 2020, in the specified parts:
Part I.
I (Process systems)
II (from the Constitution to the current code)
Part II
Subjects):
§ 1; § 2 (judge), up to 2.2; § 3 (p.m.), up to 3.1; § 4 (p.g.), up to 4.1; § 5 (defendant), up to 5.3 .; § 6 (defender), up to 6.3; § 7 (offended person and definition of civil party), up to 7.2.
II (Acts),
§ 1 (general considerations), 1.1, up to p. 125; from 1.2 to 1.4 (proceedings in the boardroom); § 2 (invalidity), from 2.1 to 2.2; 2.6.
III (General principles of proof)
§ 1 to 3; § 4 up to p. 184; § 5 (burden of proof)
IV (The means of proof);
§1; § 2 (testimony), up to 2.6
PostCode. V (The means of seeking evidence)
§ 1 (general profiles)
VI (Precautionary measures)
§ 1 (general principles) from 1.1 to 1.3; § 2 (normative structure of personal precautionary measures), from 2.2 to 2.4 Part III
I (Preliminary investigations),
§ 1 to 3 (conditions of admissibility); § 6 (p.m. activity), 6.1 and 6.4 (interrogation)
II (Conclusion of preliminary investigations)
everything (§ 1 to 3.4).
III (The preliminary hearing)
§ 1; § 7 to 9 (p.m. files and hearing)
Part IV
Postal Code. I (Special proceedings)
§ 1
II) CIVIL PROCEDURA
BOOK
ALTERNATIVELY the following texts and paragraph FOR NON-
ATTENDANTS STUDENTS: PROTO PISANI, Lessons in Civil Procedure Law, 6th edition, Naples 2014:
-Introduction: paragraphs 1 to 4 (p. 4-29);
-CAP. 2°, The right asserted in court: paragraphs 1 to 6 (p. 56-66);
-CAP. 3°, The course of the ordinary trial at first instance: paragraphs 1 to 4 (p. 86-105);
-CAP. 4th, The content of sentences: par. 1 to 3.1 (pp. 130-162);
-CAP. 5°, The fundamental principles of the trial: par. 1 to 4 (pp. 180-200);
-CAP. 7th, The extra-formal requirements concerning the judge: par. 1 1.2 (p. 240-244) and par. 2 to 2.1 (p. 263-264);
-CAP. 12th, The summary protection: par. 1 to 2.7 (p. 543-559);
-CAP. 13th, The precautionary protection: par. 1 to 5 (pages 593 to 641);
ZIP. 17th, The work process: everything (pages 782 to 831).
OR:
II. P. Biavati, Arguments of Civil Procedure Law, Bologna, 2020:
-Chapter I, The fundamental structure of the process: everything;
-Chapter II, The conditions of the trial: the following paragraphs and their sub-paragraphs: par. 20, 21, 24, 25, 26, 27;
Chapter IV, The other forms of declarative process: all except the paragraphs and their sub-paragraphs 77, 78, 79;
Chapter V, The precautionary protection: all except paragraphs and sub-paragraphs 93, 94, 95;
Chapter VI, Enforcement: only the paragraphs and their sub-paragraphs 96, 97, 98;
-Chapter VII, Out of trial: all.
THE FOLLOWING TEXTS ARE ADDED:
III. On the administrative process, A. TRAVI, Lessons on Administrative Justice, Turin 2018:
1°, Introductory Lessons (p. 1-10);
Chapter 7, Administrative appeals (p. 143-161);
Chapter 8: General Framework of Administrative Justice (p. 169-188).
IV. On the Tax Process: M. Beghin,
Tax Law, Milan, 2017:
-Chapter 12, The Tax Process (pages 371-397).
FOR FREQUENT ACTIVE STUDENTS (i.e. actually attending and not merely silent students on Moodle), ALSO LINKED BY REMOTE: it will be possible to agree with the teacher the possibility of working in groups on topics that will be chosen, and then draw up a written report, possibly to be presented in class (depending on the number of students attending and therefore the time available). In this case, the exam will be taken with the benefit of a reduction in the programme TO BE AGREED ON A SUBJECT TO THE THEME SCHEDULE.
THE TEXTS REMAIN THE ONE INDICATED LIKE ALTERNATIVELY.
For those who intend to study the above mentioned manual of prof. PROTO PISANI, its structure does not allow to identify the parts that can be lightened, but the pages will tend to remain those indicated for those not attending students, except for some adjustments.
For the Manual of prof. Biavati
the part to study are:
-cap. I, everything;
-cap. II, only par. 21, 24, 25;
-cap. IV, only par. 69 to 76 and par. 80;
-ch. V, VI, VII as for non-attendants (see above);
-Fiscal and administrative matters excluded (whatever the Manual of reference).
Schemes on the Moodle platform are uploaded for all students, both frequent and non-attendants.
Learning Objectives
I) Criminal procedural part
Knowledge: basic concepts, main rules and functioning mechanism of the criminal trial.
Skills: argumentative and reasoning on the discipline concerning functions and activities of the trial subjects.
Skills: skills in the legal profession in the criminal trial.
II) Civil, administrative and tax procedural part.
Knowledge of the articulation of the jurisdictional and summary jurisdictional protection of the civil process and before the administrative and tax jurisdictions. In particular, the course aims to offer an overview, with reference to the principles and systems of protection, which offers the ability to frame the different protection needs and the relative remedies, the competent offices.
Ability to find bibliographic and jurisprudential material useful for setting up and solving practical cases correctly.
Prerequisites
It's necessary to have passed the exam of General Constitutional Law, Private Law I, Criminal Law I
Teaching Methods
I) Criminal procedural part
Frontal teaching lessons; analysis and discussion of a practical case and / or jurisprudential decisions of particular importance: 4 hours
II) Civil, administrative and tirbutary procedural part.
Teaching takes place through lectures, exercises and conferences. Particular attention will be paid to the direct examination of the jurisprudence. For all students, the schemes of the topics covered by the exam will be available on the Moodle platform, as well as other materials used in class and, therefore, of interest to the attending students. The platform is free to access.
Type of Assessment
The examination is UNIQUE, although it consists of the programme, which is partly aimed at the study of criminal proceedings and partly at the study of civil, administrative and tax proceedings.
In order to facilitate the students, the exam is organized in two tests (the one with six credits concerning the civil, administrative and tax process, prof.ssa Silvestri, and the one with three credits concerning the criminal process, prof.ssa Sanna). In order to allow the possibility of taking the exam in two tests, the test taken first is indicated as "partial" and the test taken second as "final" (the choice of which party to take first or second is left to the student in the following terms): both parties, for systemic reasons must be taken in the same academic year. Consequently, it will not be possible to take a partial test in February and the final test the following June. In the event that both tests are not passed within the same academic year, the partial test passed must also be passed again.
Starting from the call of June 2019, students have, therefore, the following choices:
- to take the six-credit test first, and therefore as a partial test: to do so, it will be necessary to register for the test in question by choosing the "partial" list (which will be identified by specific diction). In this case, the three-credit test must be taken within the same academic year and, at the relative appeal, students must register by choosing the "final" list (which will be identifiable by specific diction), thereby allowing the teacher of the latter to proceed with the overall publication of the exam;
to take the three-credit test first, and therefore as a partial test: to do so, students must register for the test in question by choosing the "partial" list (which will be identified by specific diction). The six-credit exam must be taken within the same academic year: at the relative exam, students must register by choosing the "final" list (which will be identifiable by specific diction), thereby allowing the teacher of the exam to proceed with the overall publication of the exam;
-take both exams at the same time (e.g. both in June, obviously on the respective dates set by the teachers). In this case, students will always have to choose the "partial" test, the three credits test (prof. Sanna) and the six credits test (prof. Silvestri) as the "final" test. If one of the two modules is passed and the other is not, the teacher will "add" the student to the appropriate list. In any case, both tests must be taken within the same academic year, otherwise the exam must be taken again in full.
The method of verification of the two parties is as follows.
II) Civil, administrative and tax litigation.
The exams will be held in written form (mandatory) and oral (optional and at the teacher's discretion).
FOR NON-FREQUENTANTS: The written test consists of three open-ended questions, to be taken in one hour and thirty minutes. The questions will be pre-printed on the sheets that will be distributed by the teacher: the space dedicated to writing the answers is merely indicative and not exhaustive.
A short oral interview can only take place in case of uncertainty about the preparation.
The questions will concern the topics dealt with in the "Reference texts".
During the written test, students must hand in their codes, cell phones and computer supports, textbooks.
For the FREQUENTATIVES THAT WILL BE WRITTEN IN THE WRITTEN REPORT (see OVER REFERENCE TEXTS), the exam will take place as described above for non-attendants, with two questions concerning the part of the program as indicated OVER REFERENCE TEXTS.
Course program
I) Criminal procedural part
Criminal jurisdiction in the constitutional system: individual rights and fair trial. Relationship between criminal law and trial. Procedural models. International conventions and criminal trial.
Procedural subjects and respective functions.
Procedural documents: documents of the judge; species of disability; uselessness.
General rules of evidentiary law: object of the test; moral freedom and taking of evidence; the right to proof; probative bans.
Means of proof and search for proof: the testimony.
Structure of procedural dynamics: phases and degrees; main process and incidental procedures.
Conduct of the criminal trial. Preliminary investigation phase: news of crime; public prosecutor's documents; faculties and rights of the person under investigation and of the injured. Final measures of the investigation (filing and request for indictment).
The preliminary hearing: functions and decision-making epilogue.
Precautionary measures: definition; species; assumptions and criteria for choosing personal precautionary measures.
Special procedures: ratios and types.
For attending students, a different program may be agreed, based on the selection and study of the topics covered in the classroom.
II) Civil, administrative and tax procedural part.
The program concerns the study of the different forms of protection provided in our legal system, with references also to the civil procedural law of the European Union.
The program consists, in particular, of a large part dedicated to the civil process, due to its centrality also as a reference model for the administrative and tax processes.
In particular, the study of the structure of the ordinary cognition process and its principles, including constitutional and from an EU source, including the labor ritual, was addressed; the profiles of summary, precautionary and non-precautionary protection. These same profiles are also examined with reference to the tax and administrative processes.
During the lessons, extensive use will be made of the sentences.
The program indicated here will be in force starting from the appeal of December 2018, without prejudice to the right of students who belong to a previous academic year to maintain the reference program.