00815 - Criminal Procedure (A-E)

Learning outcomes

The study of the Italian criminal procedure in its basic principles (expecially at constitutional level), its fundamental structures and functions (full trial and summary trials).

Course contents

Constitutional basic principles concerning criminal procedure: inquisitorial, adversarial and mixed models. History of the Italian criminal procedure code in force. “Dynamic” of the procedure: from the notice of a crime to the final judgment. Conviction remedies.

For CFU-integrations, the scope of the exam will be determined on a case by case basis according to the number of CFU that needs to be achieved and to the extent of the previous exam, hence the student will present an attestation regarding the program on which she or he was already tested.

Readings/Bibliography

Camon et al., Fondamenti di procedura penale, Cedam, 2023. Students who regularly attended lessons may omit chapters XIX, XXI, XXII, XXIII, XXIV and §§ 6-17 of chapter XX .

It is obviously necessary to make reference to a code of criminal procedure up-to-date.

Teaching methods

Lectures will deal with the outlined topics.

Seminars will be proposed during the year.

It’s strongly recommended to attend lessons.

In the first semester, lessons will be given in accordance with the teaching modes described here: https://dsg.unibo.it/en/teaching/projects-and-teaching-methodologies/teaching-modes-at-dsg-on-i-semester-a-y-2020-2021

Assessment methods

The exam will be taken orally.
Its goals is to value the reaching of didactical aims.

The exam will deal with the topics stated above, in “Course contents” and "Readings/Bibliography" sections.

During the examination code consultation is not allowed; when the matter to be discussed suggests it, exceptions to the rule may be made by examinators.

Grading:

• 18-23: preparation on a sufficient portion of the program, merely mnemonic knowledge;
• 24-27: preparation on an ample portion of the program, expressed in an overall correct manner, ability to autonomously analyze the subject;
• 28-30: exhaustive preparation of the program, fluency with regard to the technical language, ability to identify connections and to autonomously analyze the subject, mastery of the fundamental principles and capability of applying them to practical matters;
• 30L: exhaustive preparation of the program, fluency with regard to the technical language, ability to identify connections and to autonomously analyze the subject, complete mastery of the fundamental principles and capability of applying them to practical matters, ability to develop original and convincing interpretations.

I recommend the students to pay attention to propaedeutic requirements: students can sit for criminal procedure only after passing the examination of criminal law.

International students will be examined on the same program and according to the same methods as their Italian colleagues.

In agreement with the students, one or more written exercises will take place.

Teaching tools

More teaching material is available o.https://virtuale.unibo.it .

Office hours

See the website of Alberto Camon