03472 - Criminal Law I

Learning outcomes

- The founding principles of criminal law

- Liability to punishment (conditions for liability to punishment; causes of extinguishment of an offence)
- The system of sentencing offenders (punishments and safety measures; the process of sentencing an offender, the causes of the extinguishment of the penalty)

Course contents

The foundations and functions of criminal law (common good and sentencing aims)
- The historical development of modern criminal law in Italy (legal Enlightenment, Beccaria, modern codifications, Classical School and Positive School, Zanardelli Code and Rocco Code)
- The founding principles of criminal law (crimes to be created only by the legislature, principle of specificity, non-retroactivity, gravity of the offence, material nature of the offence, legal status of criminal liability and guilt, rehabilitative aims of the penalties)
- Criminal law (limits of time, space and person; rules of interpretation)
- The notion of crime and the distinction between crimes and infringements
- The systematic analysis of crime
- The typical event (act, omission, result, causation)
- Illegality (grounds for justification; special illegality)
- Guilt (mental capacity, intention, negligence, mistake, if the law is knowable, excuses)
- Types of offences (attempt, conspiracy)
- The system of the circumstances of the crime
- Concurrency of crimes: rules and limits (breaking more than one law)
- Liability to punishment (conditions for liability to punishment; causes of extinguishment of an offence)
- The system of sentencing offenders (punishments and safety measures; the process of sentencing an offender, the causes of the extinguishment of the penalty)

- General introduction to the specific part of criminal law

- Knowledge of the updated version of the penal code is required.

- Close examination of a vast area of specific part of Criminal Code: http://www.normattiva.it

Readings/Bibliography

The option that allows you to take Criminal Law I and Criminal Law II separately is reserved ONLY for students enrolled with a certificate of attendance for the academic year 2024-2025.

 

Fiandaca, Musco, Diritto penale. Parte generale, Zanichelli, IX ed., 2024, Parte I; Parte II (limitatamente ai capp. 1, 2 e 3); Parte III; cap. I, eccetto sez. IV; Parte IV, cap. 1, sezz. I, II e III; Parte V.

or:

Palazzo, Bartoli, Corso di diritto penale. Parte generale, ult. ed., tranne capp. VIII, IX e X.

Optional Readings:

- F. SGUBBI, Il diritto penale totale, Il Mulino, 2019.

General information:

 Students have the right to take the exam in relation to the program corresponding to that of the academic year of the certificate of attendance; it is optional to opt for the program provided for the academic year in which the test is taken. The option must be communicated to the examination board before the start of the exam and a paper copy of the program relating to academic years prior to the current one must be shown.


In any case, knowledge of the updated version of the penal code is required.

 

Optional supplementary readings:

- F. SGUBBI, Il diritto penale totale, Il Mulino, 2019.

Teaching methods

Frontal lecture with analysis of case law and interaction with students.

Assessment methods

The final test will be exclusively an oral exam.

The students’ knowledge is assessed through a discussion, to evaluate the actual achievement of the learning outcomes. The exam consists in an interview with the appointed commission on the topics included in the programme.

The assessment will take into account the knowledge of the relevant institutional framework, the ability to analyse doctrinal and jurisprudential opinions and, to single out connections between the relevant topics, to critical reasoning, as well as the clarity of presentation and critical thinking.

By way of example, the following criteria will be used to assign the final mark (that will be out of 30/30):

- knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language à 18-19/30;

- knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;

- comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;

- extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.

Teaching tools

For each topic both the normative and the practical aspects are considered, with a specific analysis of the most important cases and comparative law remarks.

For areas which cannot be adequately dealt with in class, students are referred to the booklist.

Students are advised to constantly consult the Penal Code both during the lectures and while studying the recommended books.

Office hours

See the website of Desiree Fondaroli

See the website of Attilio Nisco