Criminal Procedure

Luigi KALB Criminal Procedure

0160100087
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2017/2018

OBBLIGATORIO
YEAR OF COURSE 4
YEAR OF DIDACTIC SYSTEM 2012
ANNUALE
CFUHOURSACTIVITY
14126LESSONS


Objectives
LEARNING OBJECTIVES
TO ALLOW 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.

KNOWLEDGE AND UNDERSTANDING
THIS COURSE AIMS AT ALLOWING STUDENTS TO 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 PRESENT CRIMINAL JUSTICE SYSTEM;

ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING
ABILITY TO ANALYZE WITH FULL 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 FORMULATE RESPONSES TO COMPLEX SITUATIONS ARISING IN STUDY AND OCCUPATIONAL CONTEXTS;
ABILITY TO IDENTIFY AND CRITICALLY INTERPRET THE COMPLEX REGULATORY FRAMEWORK PERTAINING TO 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
PROPEDEUTICITY OF CONSTITUTIONAL LAW. IT IS OPPORTUNE TO ACQUIRE A BASIC KNOWLEDGE OF 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 OF LAW.
Teaching Methods
THE COURSE IS ANNUAL AND AMOUNTS TO 126 HOURS OF LESSONS AND OTHER TRAINING ACTIVITIES, LIKE PRACTICAL EXERCISES AND SIMULATIONS, WHICH ARE CARRIED OUT WITH THE CONTRIBUTION OF EXPERTS BOTH AT UNIVERSITY (E.G. USING THE MULTIMEDIA TEACHING LABORATORY) AND AT JUDICIAL INSTITUTIONS, INCLUDING ATTENDANCE OF ORAL PROCEEDINGS AND OF STUDY MEETINGS ORGANIZED IN CUSTODIAL INSTITUTIONS.
Verification of learning
MODES OF ASSESSMENT OF LEARNING OUTCOMES
FINAL ORAL EXAMINATION.
EVALUATION CRITERIA:
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 WITHIN THE BROADER REGULATORY FRAMEWORK;
4) ABILITY TO FORMULATE ARGUMENTS THAT ARE BASED ON THE CORRECT IDENTIFICATION OF THE FUNCTIONS AND OF THE RELEVANT LEGITIMACY CRITERIA AS WELL AS ON THE PROTECTED FUNDAMENTAL GUARANTEES.
FOR ATTENDING STUDENTS, THEIR ACTIVE PARTICIPATION IN LECTURES AND OTHER EDUCATIONAL ACTIVITIES WILL BE TAKEN INTO ACCOUNT, AS WELL AS THE RESULTS OBTAINED IN THE “INTER-COURSE” TESTS, CONSISTING IN THE DRAFTING OF PAPERS AND/OR OF ACTS CONCERNING THE TOPICS ALREADY STUDIED.
Texts
P. TONINI, MANUALE DI PROCEDURA PENALE, XVIII ED., MILANO, 2017; OPPURE A. A. DALIA-M. FERRAIOLI, MANUALE DI DIRITTO PROCESSUALE PENALE, PADOVA, IX ED.,CEDAM, ULT. ED.
AND 'ESSENTIAL TO CONSULT AN UPDATED CODE (V. CODICE DI PROCEDURA PENALE COORDINATO CON LE NORME COMPLEMENTARI E ANNOTATO CON LE SENTENZE DELLA CORTE COSTITUZIONALE, A CURA DI L. KALB, I BLU GIUFFRÈ, MILANO 2017, III ED.).
More Information
THE STATUS OF A STUDENT IS RECOGNIZED TO THOSE WHO PARTICIPATE IN ALL ACADEMIC ACTIVITIES CARRIED OUT DURING THIS TEACHING.
THE TEACHING IS DESIGNED FOR STUDENTS WHO ATTEND REGULARLY.
TEACHING LANGUAGE: ITALIAN.

BEGINNING: 6 OCTOBER 2017
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