Università degli studi di Modena e Reggio Emilia

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Giulio GARUTI

Overview

The course aims at providing a solid knowledge of the fundamentals of criminal procedure,
as well as familiarity with the relevant constitutional, EU and ECHR principles.

Admission requirements

While prerequisites are no longer required by the Department, understanding the notions, concepts and principles of Criminal Procedure Law requires adequate knowledge of the notions imparted in the teachings of Criminal Law and Constitutional Law.

Course contents

The course will focus on the 'general part/static part' (6 CFU, first semester) and the 'special part/dynamic part' (9 CFU, second semester).

The programme is divided into the following thematic modules:
(I part): the constitutional and supranational sources (2 CFU): Analysis of the fundamental principles of constitutional and conventional matrix regulating the criminal trial; parties (1 CFU): subjects and parties in the technical sense, protagonists of the proceedings; acts (1 CFU); evidence (1 CFU); precautionary measures (1 CFU).
(Part II): preliminary investigations; preliminary hearing (2 CFU);
special proceedings (1 CFU);
trial (1 CFU);
proceedings before a single judge; proceedings before the Justice of the Peace (1 CFU);
appeals (1 CFU);
the criminal judgement; criminal enforcement (1 CFU);
recourse to the European Court of Human Rights; judicial relations with foreign authorities; European criminal procedural law (1 CFU);
prevention proceedings (1 CFU).

The breakdown of the content in CFUs is intended as indicative and subject to change in the light of feedback from students, as well as further special requirements.

Teaching methods

The course will take place on campus. Lecture-based course. Attendance is not compulsory, but strongly recommended.

Assessment methods

Exams will take place on campus. The examinations are held throughout the teaching calendar and for each call, students are required to register for the exam through the Esse3 portal. The examination consists of an oral test lasting approximately 30/40 minutes focusing on: - three/four questions on Part I (of which at least one on constitutional principles) - four/five questions on Part II. The assessment elements contributing to the awarding of the grade are: - knowledge and the ability to understand, - the ability to apply knowledge, - the autonomy of judgement, i.e. the ability to formulate judgements, - the ability to communicate. The examinations are held throughout the teaching calendar and for each call, students must register using the Esse3 platform. Students who attend classes on a regular basis will be allowed to sit Part I between December and February and Part II within the month of September. In order to achieve a pass, it will be necessary to have understood the succession of stages in our adversarial trial, the principles underlying it, as well as the exceptions to the ordinary model. It will also be essential to have assimilated the technical terminology peculiar to the subject, together with an adequate knowledge of the Code.

Learning outcomes

The course aims to provide students with

1) Knowledge and comprehension skills:
By the end of the course, students will have acquired critical knowledge of the fundamental features of sources and principles of criminal procedural law.

2) Applied knowledge and understanding:
At the end of the course, students will be able to make connections between the institutes under study, from a historical perspective - looking at the legislative changes that have taken place since 1988 and at the most important pronouncements of the Constitutional Court and of the Joint Chambers of the Supreme Court -, and, as far as possible in the context of an institutional course, comparative (comparing the characteristics of the accusatory, inquisitorial and so called 'mixed' systems); as well as knowing how to handle the sources (national and supranational) governing the subject and how to easily consult the Code.

3) Autonomy of judgement:
At the end of the course, students will be able to make appropriate and autonomous use of the knowledge acquired; they will have acquired the ability to critically analyse the subject matter in order to know how to correctly address emerging issues using an approach that is also inclusive of literature and case law.

4) Communication skills:
At the end of the course, students will have acquired new skills on a technical-legal level, will have increased their ability to communicate and interact with legal practitioners and will know how to use the terminology of criminal procedural law effectively and appropriately.

5) Learning ability:
At the end of the teaching, students will have acquired the ability to independently and appropriately use the knowledge acquired for the constant updating of their knowledge and skills.

Readings

DOMINIONI – CORSO – GAITO – SPANGHER – GALANTINI – FILIPPI – GARUTI – MAZZA – VARRASO – DINACCI – BONTEMPELLI – MANCUSO – IASEVOLI, Procedura penale, Giappichelli Editore – Torino, ultima ed.

Per la parte relativa ai principi costituzionali, si consiglia G. UBERTIS, Sistema di procedura penale, vol. I, Milano, 2023, pp. 13-26 e pp. 111 e ss.

I testi consigliati sono presenti in Biblioteca Giuridica.