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Criminal Procedure

Luigi KALB Criminal Procedure

0160100087
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2022/2023

OBBLIGATORIO
YEAR OF COURSE 4
YEAR OF DIDACTIC SYSTEM 2012
FULL ACADEMIC YEAR
CFUHOURSACTIVITY
14126LESSONS


LUIGI KALB T Curriculum
Objectives
LEARNING OBJECTIVES
THE COURSE AIMS TO PROVIDE: THE KNOWLEDGE OF THE CHARACTERISTICS, THE CONTENTS AND THE SIGNIFICANCE OF THE FUNDAMENTAL PRINCIPLES OF CRIMINAL PROCEDURAL LAW AND THE CORRECT METHODOLOGY FOR THE SOLUTION OF PROBLEMS OF GENERAL THEORY OF PROCESS, WITH ATTENTION TO EUROPEAN SOURCES OF LAW AND REGULATIONS; THE NOTIONS ON THE EXERCISE OF THE INVESTIGATIVE, JURISDICTIONAL AND DEFENSIVE FUNCTIONS OPERATING THROUGHOUT THE WHOLE CRIMINAL PROCEEDINGS AND THE REQUIREMENTS OF CRIMINAL APPELLATE AND ENFORCEMENT JURISDICTION.
EXPECTED LEARNING OUTCOMES:
KNOWLEDGE AND UNDERSTANDING
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 AND APPLY WITH FULL AWARENESS THE SOLUTIONS PROVIDED BY THE CODE OF CRIMINAL PROCEDURE AND THE RELEVANT SPECIAL LEGISLATION, ALSO WITH REGARD TO EUROPEAN LAW, WITHIN THE FRAMEWORK OF THE GUIDING CONSTITUTIONAL PRINCIPLES; ABILITY TO TAKE ADVANTAGE OF THE ACQUIRED KNOWLEDGE OF CRIMINAL PROCEDURAL LAW AND THE DEVELOPED INTERPRETATIVE CAPACITIES FOR THE PURPOSES OF A CORRECT LEGAL COMPREHENSION OF THE BASIC CASE LAW AND THE SYSTEMATIC RESOLUTION OF APPLICATION PROBLEMS
AUTONOMY OF JUDGMENT
ACQUISITION OF AN ARGUMENTATIVE METHOD AND THE ABILITY TO COMMUNICATE TO AN AUDIENCE OF NON-SPECIALISTS INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC DISCIPLINARY FIELD WITH APPROPRIATE LANGUAGE AND GOOD ARTICULATION OF THOUGHT.
Prerequisites
PROPEDEUTICITY OF CONSTITUTIONAL LAW. IT IS OPPORTUNE TO ACQUIRE A BASIC KNOWLEDGE OF CRIMINAL LAW
Contents
MODELS OF CRIMINAL PROCEEDINGS. CONSTITUTIONAL NORMS AND SUPRANATIONAL NORMS. PRINCIPLES AND GUARANTEES OF DUE PROCESS, LIKE JURISDICTION, ADVERSARIAL PROCESS, THE RIGHT TO INFORMATION AND DEFENSE, PROTECTION OF FREEDOM, REASONABLE LENGTH. THE STRUCTURE OF CRIMINAL PROCEEDINGS IN ITS STATIC AND EVOLUTIONARY DIMENSIONS, ACCORDING TO ITS ORDINARY DEVELOPMENT AND THE SPECIAL RITUALS. REMEDIES, EXECUTION OF JUDGMENTS AND CRIMINAL ENFORCEMENT, REVISION OF SENTENCES, JURISDICTIONAL RELATIONSHIPS WITH FOREIGN AUTHORITIES (90 HOURS OF LESSONS + 36 HOURS OF PRACTICAL EXERCISES).
Teaching Methods
THE COURSE IS ANNUAL. THEORETICAL LESSONS ARE COMPLEMENTED WITH PRACTICAL EXERCISES/SEMINARS/ SIMULATIONS WHICH ARE PERFORMED ALSO WITH THE CONTRIBUTION OF EXTERNAL EXPERTS. ATTENDING STUDENTS ARE DIVIDED INTO WORKING GROUPS FOR PRACTICAL EXERCISES TO BE CARRIED OUT AT THE MULTIMEDIA TEACHING LABORATORY AND AT JUDICIAL INSTITUTIONS.
TEACHING LANGUAGE: ITALIAN
Verification of learning
ASSESSMENT OF LEARNING OUTCOMES
ORAL EXAMINATION. THE FINAL MARK DEPENDS ON THE DEGREE OF MATURITY ACHIEVED ON THE CONTENTS OF THE COURSE, ON THE ABILITY TO UNDERSTAND AND THE TECHNICAL ACCURACY IN DISCUSSING THE INSTITUTIONS AND NORMS THAT HAVE BEEN STUDIED.
EVALUATION CRITERIA:
1) ABILITY TO EXPRESS ONESELF CLEARLY AND WITH APPROPRIATE TECHNICAL LANGUAGE;
2) ABILITY TO DEVELOP A COMPLEX DISCOURSE;
3) ABILITY TO OFFER A SYSTEMATIC AND COHERENT EXPLANATION OF THE PROCEDURAL INSTITUTES EXAMINED WITHIN THE BROADER REGULATORY FRAMEWORK;
4) ABILITY TO MAKE TRANSVERSAL CORRELATIONS ACROSS THE DIVERSE TOPICS ADDRESSED DURING THE COURSE.
THE FINAL MARK IS ATTRIBUTED IN THIRTIES, THE EXAMINATION IS PASSED WHEN THE VOTE IS EQUAL OR HIGHER THAN 18.
THE MINIMUM MARK IS ATTRIBUTED WHEN THE STUDENT HAS A FRAGMENTED KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A LIMITED CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT.
THE MAXIMUM MARK (30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND DEEP KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A NOTABLE CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT.
THE LAUDE IS ATTRIBUTED WHEN THE CANDIDATE SHOWS A REMARKABLE MASTERY OF THEORETICAL AND OPERATIVE CONTENTS AND PRESENTS THE ARGUMENTS WITH LINGUISTIC ACCURACY AND ABILITY OF AUTONOMOUS ELABORATION.
Texts
P. TONINI, MANUALE DI PROCEDURA PENALE, GIUFFRÈ ED., LATEST EDITION;
OR
A. A. DALIA-M. FERRAIOLI, MANUALE DI DIRITTO PROCESSUALE PENALE,CEDAM ED., LATEST EDITION;
OR
OTHER UPDATED TEXTBOOK CHOSEN BY THE STUDENT AS LONG AS IT IS UPDATED
IT IS ESSENTIAL TO CONSULT AN UPDATED CODE (SUGGESTED: L. KALB, CODICE DI PROCEDURA PENALE, GIUFFRÈ EDITORE, VIII ED., 2022).
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