Social sciences and humanities
Subject: CRIMINAL LAW (A.A. 2022/2023)
single-cycle master degrees (5 years) in LAW
| Course year | 3 |
|---|---|
| CFU | 15 |
| Teaching units |
Unit Diritto penale - parte generale
Criminal Law (lesson)
|
|
Unit Diritto penale - parte speciale
Criminal Law (lesson)
|
|
| Moodle portal | |
| Exam type | oral |
| Evaluation | final vote |
| Teaching language | Italiano |
Teachers
Francesco DIAMANTI
Luigi FOFFANI
Overview
The educational objective – to achieve by attending to lectures and through individual study – is a deep theoretical preparation of Criminal Law, especially of the general part, mainly oriented to grant access to further education in specialization schools for attorney professions, in university Masters or in doctorate schools, as well as making the student able to undertake the classical juridical professional paths (judiciary, legal profession, notaries). Besides learning Criminal law categories, it's also of primary educational importance the acquisition of a proper study method, through a technical-exegetical, constitutionally oriented and compared approach, not without references to European criminal law (EU law, and ECHR).
Admission requirements
none
Course contents
The course will focus on the "general part" (first semester) and the "special part" of criminal law (second semester). In this second part of the year, ample space will be devoted to the analysis of theoretical institutions (e.g. conduct, event, causal link, risk link, etc.) through the study of real concrete cases.
The 15 CFU are distributed as follows
1 CFU (7 hours)
Analysis of the fundamental principles of constitutional matrix (e.g. legality, offensiveness, etc.), of the characteristic features of criminal law (e.g. fragmentation) and synthesis of the most important institutions/differentiations for the understanding of the sanctioning system and the theory of crime (e.g. crimes/contraventions, penalties/security measures, danger/damage, etc.). In this way, the student will be able to learn the constitutional status of the subject, as well as learn the terminology necessary for its in-depth study.
1 CFU (7 hours)
The Sanctioning System. In this section of the course will be analyzed - from an historical, legislative, doctrine and jurisprudential point of view - the sanctioning system: penalties and security measures. Ample space will be devoted to the study and collective reflection, in class, on the purpose of prison punishment.
3 CFU (21 hours)
Offender Analysis. In this section of the course will be analyzed all the fundamental institutes of the offense and culpability: objective typicality (so: suity, typical conduct, therefore allowed risk and social appropriateness, event, material causality, risk nexus, etc.), subjective typicality (intent, preterintention and guilt). Will then be studied the common excuses (consent, exercise of a right and fulfillment of a duty, self-defense, state of necessity, legitimate use of weapons) and excuses (eg unavoidable ignorance of the criminal law, mental defect, blameless excess, etc.).
3 CFU (21 hours)
The forms of manifestation of the crime. Among others, the following institutions will be studied in this section of the course: the attempt of crime, the concurrence of crimes (and the apparent concurrence of norms) and the concurrence of persons in the crime.
3 CFU (21 hours)
Case Study. In the second semester, the "special part" will be taught through the analysis of concrete cases: the first section will deal with the case history of crimes under the Italian Civil Code (against the person and against property, against the State and the public administration).
3 CFU (21 hours)
Case History. The second section will concern the exposition of cases in the field of criminal law of agro-food safety and criminal law of safety at work (e.g. ThyssenKrupp, Ilva, Porto Marghera, Eternit, etc.).
1 CFU (7 hours)
Case Study. The third session will concern the exposition of the case history in the field of tax crimes.
The contents per CFU is intended as purely indicative and subject to change in the light of feedback from students.
Teaching methods
Teaching will be provided in presence with frontal lessons in Italian. The teaching method includes the use of multimedia (powerpoint) and is divided into: - frontal lessons on the fundamentals of the general part of criminal law; - frontal lessons of "Special Part" inherent to the jurisprudential casuistry Attendance is not compulsory, but strongly recommended.
Assessment methods
The examinations will be held in presence, consistent with health regulations or special needs of a technical nature. The exam consists of an oral test lasting about 30/40 minutes that focuses on learning the course content in light of the indicated training objectives, through: - three/four questions of general part (of which at least one on the constitutional principles and at least one on the sanctioning system); - the exposure of a concrete case carried out in the second semester and one / two questions of "special part". The attending student can choose to take only one group of crimes (persons, property, State or Public Administration). The assessment elements contributing to the award of the grade are: - knowledge and the ability to understand, - the ability to apply knowledge, - the autonomy of judgement, i.e. the ability to make critical sense and formulate judgements, - communication skills. Grade descriptors: < 18 insufficient Fragmentary and superficial knowledge of the content, errors in applying the concepts, poor presentation. 18 - 20 Sufficient but general knowledge of the contents, simple exposition, uncertainties in the application of theoretical concepts. 21 - 23 Appropriate but not thorough knowledge of the contents, ability to apply the theoretical concepts, ability to present the contents in a simple way 24 - 25 Appropriate and extensive knowledge of the contents, fair ability to apply the knowledge, ability to present the contents in an articulate way. 26 - 27 Accurate and complete knowledge of the contents, good ability to apply the knowledge, ability to analyse, clear and correct exposition. 28 - 29 Extensive, complete and thorough knowledge of the content, good application of the content, good ability to analyse and summarise, secure and correct presentation; 30/ 30 with distinction Very broad, complete and thorough knowledge of the contents, well-established ability to apply the contents, excellent ability to analyse, summarise and make interdisciplinary connections, mastery of exposition The final evaluation will tend to be the result of the average of the marks obtained by the student for each question, unless an irremediable insufficiency in the preparation of the exam emerges immediately. Examinations take place throughout the teaching calendar and students must register for each call using the Esse3 platform. There are no intermediate assessments.
Learning outcomes
Knowledge and Ability to Understand:
Upon completion of the course, students will have acquired critical knowledge of the fundamental characteristics of the source system and principles of criminal law.
Applied Knowledge and Ability to Understand:
At the end of the course, through in-depth study of sources and analysis of actual cases, students will be able to research, understand, and use sources and materials of criminal law.
Autonomy of Judgment:
At the end of the course, students will be able to adequately and independently use the knowledge acquired; they will have acquired the ability to critically analyze the subject matter in order to know how to correctly address emerging criminal law issues using an approach involving above all literature and case law (including supranational).
Communication skills:
At the end of the course, students will have acquired new skills on the technical-legal level, will have increased their ability to communicate and interact with legal practitioners and will know how to - effectively and appropriately use concepts, topics and terms of criminal law.
Learning Capabilities:
At the end of the teaching, students will have acquired the ability to independently and appropriately use the knowledge acquired for the continuous updating of their knowledge and skills.
Readings
Testi di riferimento
I testi consigliati per la “parte generale”, oltre alle slide dettagliate fornite dai docenti per la parte generale, sono:
-G. Fiandaca-E. Musco, Diritto penale. Parte generale, 8 ed., Bologna, 2019;
- D. Pulitanò, Diritto penale, IX ed., Giappichelli, 2021;
- Palazzo, Corso di diritto penale. Parte generale, VIII ed., 2021.
In aggiunta (e indipendentemente dalle slide e dal Manuale scelto):
- Viganò, Miedico, Trinchera, Studiare sui casi: materiali integrativi per il corso di diritto penale: parte generale, Giappichelli, 2020.
I testi adottati per la “parte speciale” sono:
- G. Fiandaca-E. Musco, Diritto penale. Parte speciale: volume sui delitti contro la persona e quello contro il patrimonio / volume sui delitti contro lo Stato e la Pubblica Amministrazione
- Bartoli, Pelissero, Seminara, Diritto penale. Lineamenti di Parte speciale, Giappichelli, 2021.
In aggiunta (e indipendentemente dal Manuale scelto):
- Viganò, Miedico, Trinchera, Studiare sui casi: materiali integrativi per il corso di diritto penale: parte generale, Giappichelli, 2020.
Altri testi a sfondo penalistico (romanzi, saggi, ecc.) saranno consigliati, su richiesta, a lezione.
Gli studenti non frequentanti porteranno all'esame:
- la Parte generale (tutta)
- la Parte speciale. Qui ogni studente potrà scegliere se portare: i "delitti contro la persona e il patrimonio" o i "delitti contro lo Stato e la Pubblica amministrazione".
Gli studenti frequentanti, invece, porteranno all'esame:
- la Parte generale (tutta)
- la Parte speciale:
2 casi fra quelli svolti in classe nel secondo semestre + reati contro la persona, oppure contro il patrimonio, oppure contro lo Stato, oppure contro la p.a.
Gli studenti che avendo effettuato il trasferimento dalla triennale alla magistrale devono affrontare la "integrazione" portano:
- tutti i reati contro la persona
- tutti i reati contro il patrimonio
I testi/manuali consigliati sono tutti presenti in Biblioteca Giuridica.