B2318 - DIRITTO PUBBLICO ROMANO (PIANO ITALO-FRANCESE Fr)

Learning outcomes

At the end of the course students know:
- the basic structures of the roman criminal trials;
- the characterics of the inquiring system and of the accusatory system;
- the ways of planning of the law cases, with special attention to the role of the Defense and of the Public Prosecutor;

- the fundamental principles of the legal profession Ethics.

 

Course contents

The course aims to provide knowledge of the fundamental structures of the Roman criminal process in different eras, with special reference to the fundamental structures of the inquisitorial and accusatory procedural system.

The structure of the criminal trial will be placed in relation to the political-constitutional context, highlighting whether and to what extent and in what ways the constitutional structure has influenced the judicial organisation.

In particular it will be focused on:

- The basic structures of the various roman criminal trials;

- The "aequum iudicium";

- The ways of setting up judicial cases (status causae);

- The role and functions of the prosecution and defense;

 - The basic principles of forensic ethics, with particular regard to the ethics of the lawyer, which emerged in forensic rhetoric and which constitute the basis of today's forensic ethics;

- The ethical duties of magistrates.

Erasmus students

The exam program for Erasmus students will be agreed with the course holder.

Students who intend to obtain recognition of examinations abroad (Erasmus, Overseas or other exchange programs)

The course holder will evaluate from time to time the congruity of the contents proposed with the object of study of the discipline.

Readings/Bibliography

G. BASSANELLI SOMMARIVA, Costituzione e Diritto nell’antica Roma, Cap. VI (La repressione criminale), Giappichelli 2019.

A. BELLODI ANSALONI, L’arte dell'avvocato, actor veritatis. Studi di retorica e deontologia forense, 2016, Bononia University Press, Cap. II; Cap. IV; Cap. V.

Suggested reading:

A. BELLODI ANSALONI, Scienza giuridica e retorica forense, 3^a ed., Maggioli, 2020, Parte II.

Attending students

For attending students the exam will take place on the topics covered in class.

 

Teaching methods

In order to facilitate understanding of the topics covered, slides will be used, which attending students can also refer to when preparing for the exam.

Please note that the lessons will be held in the second semester and that, therefore, those who obtain the certificate of attendance in the academic year. currently they will only be able to take the exam starting from the month of May.

It is recommended to take the exam only after having taken the exam on Institutions of Roman Law, Constitutional Law and Private Law.

Assessment methods

Exam:

The verification of the learning of the objectives pursued will be carried out through an oral test

The evaluation of the test will be carried out taking into consideration: knowledge of the institutional profiles, ability in making logical-deductive reasonings and in speaking the technical-legal terminology.

Grading of the final grade:

Preparation on a very limited number of topics addressed in the course and explained in the texts; analytical skills that emerge only with the help of the teacher; ability to express oneself in minimal technical-legal language: 18-20;

Preparation on a limited number of topics covered in the course; analytical skills that emerge mainly with the help of the teacher; ability to express oneself in correct technical-legal language: 21-24;

Preparation on a large number of topics covered in the course and explained in the texts; ability to critically analyze and make reasoned connections; mastery of technical-legal terminology: 25-29;

Exhaustive preparation on the topics covered in the course and explained in the texts; ability to make autonomous choices of critical analysis and connection; argumentation and reflection skills; full mastery of technical terminology: 30-30L.

Degree thesis

Theses will be assigned taking into account the student's interests. The thesis consists of a comprehensive treatment that reveals autonomous research skills, methodological and judgmental maturity and interdisciplinary legal knowledge.

Teaching tools

During the lessons the jurisprudential and rhetorical sources of reference will be read and commented on.

In order to facilitate the assimilation of the concepts, the illustration of the topics covered will be accompanied, during the lessons, by the presentation of slides to support the topics covered in the recommended texts.

Office hours

See the website of Anna Bellodi Ansaloni