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Criminal Procedure

Luigi KALB Criminal Procedure

0160100087
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
CORSO DI LAUREA MAGISTRALE A CICLO UNICO DI 5 ANNI
LAW
2014/2015



OBBLIGATORIO
YEAR OF COURSE 4
YEAR OF DIDACTIC SYSTEM 2006
ANNUALE
CFUHOURSACTIVITY
14126LESSONS


LUIGI KALB Curriculum
Objectives
THIS COURSE AIMS TO MAKE STUDENTS ACQUIRE KNOWLEDGE OF THE EXERCISE OF INVESTIGATIVE, JUDICIAL AND DEFENSE FUNCTIONS OPERATING AT ALL STAGES OF CRIMINAL PROCEEDINGS AT FIRST INSTANCE AS WELL AS KNOWLEDGE OF THE REQUIREMENTS RELATED TO CRIMINAL APPELLATE AND ENFORCEMENT JURISDICTION. THIS COURSE AIMS TO MAKE STUDENTS ACQUIRE:
GENERAL KNOWLEDGE OF THE COMPLEX ARTICULATION OF CRIMINAL PROCEEDINGS AND THE REASONS FOR DETERMINING THE SEPARATION INTO DIFFERENT PROCEDURAL PHASES, RELATED TO PRE-TRIAL AND TRIAL; ABILITY TO UNDERSTAND THE DEGREE OF IMPLEMENTATION OF THE FUNDAMENTAL GUARANTEES RELATED TO THE "DUE PROCESS" IN THE CURRENT CRIMINAL JUSTICE SYSTEM;
ABILITY TO ANALYZE WITH AWARENESS THE SOLUTIONS PROVIDED BY THE CODE OF CRIMINAL PROCEDURE IN RELATION TO THE NEED TO BALANCE CONFLICTING INTERESTS OF CONSTITUTIONAL RELEVANCE; ACQUISITION OF AN ARGUMENTATIVE METHOD SUITABLE TO DEVELOP THOSE ANALYTICAL SKILLS NECESSARY TO SOLVE COMPLEX SITUATIONS ARISING IN THE CONTEXTS OF STUDY AND WORK;
ABILITY TO IDENTIFY AND CRITICALLY INTERPRET THE COMPLEX REGULATORY FRAMEWORK IN THE SPECIFIC FIELD OF STUDY;
ABILITY TO COMMUNICATE, WITHIN BOTH THE ACADEMIC AND THE SOCIAL COMMUNITY, INFORMATION, QUESTIONS AND POSSIBLE SOLUTIONS IN THE SPECIFIC SUBJECT AREA, WITH PROPERTIES OF TECHNICAL LANGUAGE AND GOOD ARTICULATION OF THOUGHT;
ACQUISITION OF THE NORMATIVE SOURCES AND RATIO OF THE PROCEDURAL INSTITUTES AS WELL AS OF THE LEARNING SKILLS REQUIRED TO FURTHER ENRICH THE PROCEDURAL SKILLS ALREADY ACQUIRED, WITH A VIEW TO EMPLOYING THEM FOR A THOROUGH EXAMINATION OF THE OTHER SUBJECTS TAUGHT IN THE COURSE OF STUDY.
Prerequisites
BASIC KNOWLEDGE OF CONSTITUTIONAL LAW AND CRIMINAL LAW.
Contents
THE CONSTITUTIONAL VALUES RELATED TO THE IMPLEMENTATION OF AN "ACCUSATORY" SYSTEM OF CRIMINAL PROCEDURE AND THE STRUCTURE OF CRIMINAL PROCEEDINGS IN ITS EVOLUTIONARY PHASES: PRELIMINARY INVESTIGATION, PRELIMINARY HEARING, TRIAL AND POSSIBLE DIFFERENT ANTICIPATED SOLUTIONS. THE SYSTEM OF REMEDIES, CRIMINAL ENFORCEMENT AND ADAPTATIONS OF THE TRIAL SYSTEM TO INTERNATIONAL SOURCES.
Teaching Methods
THE COURSE IS ANNUAL AND CONSISTS OF 126 HOURS OF CLASSES AND OTHER EDUCATIONAL ACTIVITIES, SUCH AS PRACTICALS/SIMULATIONS CARRIED OUT, ALSO WITH THE INTERVENTION OF EXPERTS, BOTH WITHIN THE ACADEMIC STRUCTURE BY THE USE OF MULTIMEDIA TEACHING LABORATORY, AND AT JUDICIAL INSTITUTIONS, WITH THE PARTICIPATION TO HEARINGS AND STUDY MEETINGS ORGANIZED AT DETENTION PREMISES.
Verification of learning
ATTENDING STUDENTS
FINAL ORAL EXAMINATION, WHICH TAKES INTO ACCOUNT THE STUDENTS’ ACTIVE PARTICIPATION TO LECTURES AND OTHER EDUCATIONAL ACTIVITIES AS WELL AS THE RESULTS OBTAINED IN THE TWO “INTER-COURSE” TESTS, CONSISTING IN THE REDACTION OF PAPERS AND/OR DOCUMENTS CONCERNING THE PART OF THE PROGRAM ALREADY STUDIED.
NON-ATTENDING STUDENTS
FINAL ORAL EXAMINATION.
EVALUATION CRITERIA OF THE EXAMINATION WILL BE THE FOLLOWING:
1) ABILITY TO DEVELOP A COMPLEX DISCOURSE;
2) ABILITY TO SPEAK CLEARLY AND WITH APPROPRIATE LANGUAGE;
3) ABILITY TO OFFER A SYSTEMATIC AND COHERENT EXPLANATION OF THE PROCEDURAL INSTITUTES EXAMINED IN THE RELEVANT BROADER REGULATORY FRAMEWORK;
4) ABILITY TO BRING ARGUMENTS TO THE CORRECT IDENTIFICATION OF THE FUNCTIONS AND THE LEGITIMACY CRITERIA AS WELL AS OF THE FUNDAMENTAL PROTECTED GUARANTEES.
Texts
A. A. DALIA-M. FERRAIOLI, MANUALE DI DIRITTO PROCESSUALE PENALE, PADOVA, VIII ED., CEDAM, 2013; OPPURE ALTRO MANUALE PURCHÉ AGGIORNATO;
L. KALB-S. NEGRI, STUDI IN MATERIA DI COOPERAZIONE GIUDIZIARIA PENALE, GIAPPICHELLI, 2013 (ESTRATTO DA AA.VV., "SPAZIO EUROPEO DI GIUSTIZIA E PROCEDIMENTO PENALE EUROPEO". ADATTAMENTI NORMATIVI E APPRODI GIURISPRUDENZIALI, A CURA DI L. KALB, TORINO, GIAPPICHELLI, 2012).
AND 'ESSENTIAL TO CONSULT AN UPDATED CODE.
More Information
THE STATUS OF A STUDENT IS RECOGNIZED TO THOSE WHO PARTICIPATE IN ALL ACADEMIC ACTIVITIES CARRIED OUT DURING THIS COURSE.
THE COURSE IS DESIGNED FOR STUDENTS WHO ATTEND REGULARLY.
TEACHING LANGUAGE: ITALIAN.

BEGINNING OF THE COURSE: 23 OCTOBER 2014
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