2. Professors
  3. CASTALDO Andrea
  4. Teaching

CRIMINAL LAW - SPECIAL PART/SPECIFIC CRIMES

Andrea CASTALDO CRIMINAL LAW - SPECIAL PART/SPECIFIC CRIMES

0160100121
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2018/2019

OBBLIGATORIO
YEAR OF COURSE 5
YEAR OF DIDACTIC SYSTEM 2012
PRIMO SEMESTRE
CFUHOURSACTIVITY
654LESSONS


ANDREA CASTALDO T Curriculum
Objectives
THE TEACHING AIMS TO PROVIDE THE STUDENTS A GENERAL FRAME OF CRIMINAL LAW’S SPECIAL PART, ALSO REFERRING TO THE RELATIONS INSISTING WITH THE GENERAL PART. STARTING FROM A CONCEPTUAL DEFINITION, WILL BE ANALYZED SPECIAL PART CLASSIFICATION AND NORM TYPING TECHNIQUES.
THROUGH THE AXIOLOGICALLY ORIENTED TELEOLOGICAL METHOD, THE COURSE WILL PROVIDE A RENEWED INTERPRETATION OF CRIME’S THEORY AND OF THE CASES OF THE PENAL CODE’S SPECIAL PART, WITH ATTENTION TO NORM SOURCES AND ALSO TO EUROPEAN AND INTERNATIONAL LEGISLATION.
IN THIS WAY, THE STUDENT WILL UNDERSTAND CHARACTERISTICS, CONTENTS AND MEANING OF THE FUNDAMENTALS OF CRIMINAL LAW’S SPECIAL PART.
THE RESULTS WHICH THE COURSE AIMS ARE:

A)KNOWLEDGE AND ABILITY TO UNDERSTAND

GENERAL KNOWLEDGE OF THE THEORY AND PRINCIPLES OF THE SPECIAL PART OF CRIMINAL CODE WHICH DEALS TO THE CAPABILITY TO MANAGE COSTITUTIONAL VALUES WITHIN THE PENAL SYSTEM. ACCORDING TO THIS BENCHMARK, SELECTION TECHNIQUES FOR PRIMARY AND SECONDARY SCREENING WILL BE THE NECESSARY FILTER ON THE HERMENEUTIC AND LEGISLATIVE GROUNDS.

B)ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING

ABILITY TO APPLY WITH MINDFUL KNOWLEDGE THE LEGAL ISTITUTIONS, IN A DIMENSION THAT, BETWEEN BEING AND HAVING TO BE, IS ABLE TO ORGANIZE THE WHOLE SYSTEM OF CRIMINAL JUSTICE ACCORDING TO RATIONAL CRITERIA.
ACQUISITION AND MASTERY OF CRITICAL TOOLS FOR THE CONSTRUCTION OF A LOGICAL-LEGAL PATH, ABLE TO PROVIDE USEFUL TOOLS TO THE ANALYSIS OF COMPLEX SITUATIONS IN CONTEXTS OF STUDY AND WORKING.

C) TRANSVERSAL SKILLS

INDIPENDENCE OF JUDGMENT: ABILITY TO GATHER AND INTERPRET CRITICALLY COMPLEX INFORMATIONS IN THE SPECIFIC STUDYING AREA;

COMMUNICATIONS SKILLS: ABILITY TO COMMUNICATE TO A NON – SPECIALIST AUDIENCE, INFORMATIONS, IDEAS, PROBLEMS AND SOLUTIONS, IN THE SPECIFIC SUBJECT AREA WITH PROPERTY OF LANGUAGE AND GOOD ARTICULATION OF THOUGHT;
LEARNING ABILITY: ACQUISITION OF THE REFERENCES, TOOLS, LEARNING ABILITY NEEDED TO FURTHER ENRICH THE LEGAL KNOWLEDGES GAINED IN THIS TEACHING AND TO APPLY THESE SKILLS TO OTHER TEACHINGS OF UNIVERSITY COURSE
Prerequisites
NO PROPEDEUTICITY.

IS RECOMMENDED THE KNOWLEDGE OF BASIC PHILOSOPHICAL, PRIVATE LAW, CONSTITUTIONAL AND CRIMINAL LAW SUBJECTS AND BASIC KNOWLEDGE OF CIVIC AND SOCIAL STRUCTURE.
Contents
• INTRODUCTION TO THE SPECIAL PART OF CRIMINAL LAW (10 HOURS OF LESSONS)

NOTION OF A SPECIAL PART; TECHNIQUES TO DRAFT THE INCRIMINATING CASE; CLASSIFICATION OF CRIMES; INTERPRETATION OF SPECIAL PART LAWS.

• CRIMES AGAINST THE PUBLIC ADMINISTRATION - GENERAL INFORMATION (10 HOURS OF LESSONS)

THE 1990 REFORM (LAW NO. 86/1990); THE 2012 REFORM (LAW NO. 190/2012); SUBJECTIVE QUALIFICATIONS.

• CRIMES OF PUBLIC OFFICIALS AGAINST PUBLIC ADMINISTRATION (24 HOURS OF LESSON)

PECULIARY CRIMES; MISAPPROPRIATION TO THE DETRIMENT OF THE STATE; UNDUE RECEIPT OF DISBURSEMENTS TO THE DETRIMENT OF THE STATE; EXTORTION; CORRUPTION CRIMES; PECULIARITY, BRIBERY, CORRUPTION AND INCITEMENT TO CORRUPTION OF MEMBERS OF THE BODIES OF THE EUROPEAN COMMUNITIES AND OF OFFICIALS OF THE EUROPEAN COMMUNITIES AND OF FOREIGN STATES; USE OF INVENTIONS OR DISCOVERIES KNOWN FOR OFFICIAL REASONS; REVELATION AND USE OF BUSINESS SECRETS; REFUSAL OF OFFICIAL ACTS. ENTRY; REFUSAL OR DELAY OF OBEDIENCE COMMITTED BY A SOLDIER OR A MEMBER OF THE PUBLIC SERVICE FORCE; INTERRUPTION OF A PUBLIC SERVICE OR PUBLIC NEED; SUBTRACTION OR DAMAGE OF ASSETS SUBJECT TO SEIZURE DISPOSED DURING A CRIMINAL PROCEEDING OR BY THE ADMINISTRATIVE AUTHORITY.

• FOCUS: THE CRIME OF ABUSE OF OFFICE. CRITICAL PROFILES AND REFORM PROSPECTS (10 HOURS OF LESSONS, 5 HOURS OF SEMINARS)
Teaching Methods
THE TEACHING WILL TAKE PLACE DURING THE FIRST SEMESTER AND WILL COMPREHEND 54 HOURS OF LESSON.

THE COURSE, WHICH IS NOT BINDING ATTEND, IS DIVIDED INTO LECTURES AND SEMINARIES FOR IN-DEPTH STUDY.
Verification of learning
•ATTENDING STUDENTS
THE EXAM CONSISTS IN A FINAL ORAL INTERVIEW, IN WHICH WILL BE CONSIDERED THE ACTIVE PARTICIPATION DURING THE LESSONS AND THE CONCURRENT STUDY OF THE TEACHING MATERIAL PROVIDED, TOGETHER WITH THE NOTES OF THE LESSONS THAT ARE COMPLEMENTARY PART OF THE STUDY PROGRAM.

THE EVALUATION CRITERIA OF THE EXAM WILL BE:
1. ABILITY TO ARTICULATE A COMPLEX DISCOURSE;
2. ABILITY TO SPEAK CLEARLY AND WITH APPROPRIATE LEGAL LANGUAGE ;
3. ABILITY TO MANAGE LEGAL INSTITUTIONS ACCORDING TO THE NATIONAL AND INTERNATIONALS LEGAL SYSTEMS;
4. ABILITY TO CHOICE THE LEGAL DATE, STORING THOSE SIGNIFICANTS WITH METHODS;

THEREFORE, THE EVALUATION WILL TAKE INTO ACCOUNT AN EXPOSURE THAT DOESN'T STOP AT THE MERE NOTIONISM OF THE DIDACTIC ACQUISITIONS MENTIONED ABOVE, ASKING INSTEAD AN EXPOSURE FULLY AWARE OF THE APPLICATION OF THE SYSTEMATIC METHOD.


•NON-ATTENDING STUDENTS:

THE EXAM CONSISTS IN A FINAL ORAL INTERVIEW.

THE EVALUATION CRITERIA OF THE EXAM WILL BE:
1. ABILITY TO ARTICULATE A COMPLEX DISCOURSE;
2. ABILITY TO SPEAK CLEARLY AND WITH APPROPRIATE LEGAL LANGUAGE ;
3. ABILITY TO MANAGE LEGAL INSTITUTIONS ACCORDING TO THE NATIONAL AND INTERNATIONALS LEGAL SYSTEMS;
4. ABILITY TO CHOICE THE LEGAL DATE, STORING THOSE SIGNIFICANTS WITH METHODS;

THEREFORE, THE EVALUATION WILL TAKE INTO ACCOUNT AN EXPOSURE THAT DOESN'T STOPS AT THE MERE NOTIONISM OF THE DIDACTIC ACQUISITIONS MENTIONED ABOVE, ASKING INSTEAD AN EXPOSURE FULLY AWARE OF THE APPLICATION OF THE SYSTEMATIC METHOD.

THE FINAL MARK IS ATTRIBUTED IN THIRTIETHS. THE EXAM IS CONSIDERED PASSED WHEN THE MARK IS GREATER THAN OR EQUAL TO 18.
THE MINIMUM MARK (18) IS ATTRIBUTED WHEN THE STUDENT SHOWS FRAGMENTED KNOWLEDGE OF THE THEORETICAL CONTENT OR SHOWS LIMITED ABILITY TO LINK THE LEGISLATIVE REFERENCES TO THE CONTEXT OF THE STUDY.
THE MAXIMUM GRADE (30) IS ATTRIBUTED WHEN THE STUDENT SHOWS COMPLETE AND IN-DEPTH KNOWLEDGE OF THE THEORETICAL CONTENTS, EXPRESSING IT THROUGH CLEAR AND APPROPRIATE JURIDICAL LANGUAGE, OR SHOWS REMARKABLE ABILITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT.
THE LAUD IS GIVEN WHEN THE STUDENT SHOWS SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIONAL CONTENTS AND DEMONSTRATES ABILITY TO EXPOSE THE TOPICS WITH CONSIDERABLE MASTERY OF LANGUAGE AND AUTONOMOUS PROCESSING SKILLS EVEN IN CONTEXTS DIFFERENT FROM THOSE PROPOSED BY THE PROFESSOR.
Texts
- FIANDACA-MUSCO, DIRITTO PENALE. PARTE SPECIALE. VOL. I, ZANICHELLI, V ED, LIMITED TO "DELITTI DEI PUBBLICI UFFICIALI CONTRO LA PUBBLICA AMMINISTRAZIONE" (FROM P. 155 TO P. 286).
THE STUDY OF THE MANUAL MUST BE SUPPLEMENTED BY AN UPDATE ADDENDUM - "LA RECENTE RIFORMA DEI REATI CONTRO LA PUBBLICA AMMINISTRAZIONE" - WHICH CAN BE FREE DOWNLOADED ON THE SITE WWW.ZANICHELLI.IT

- CASTALDO (A CURA DI), MIGLIORARE LA PERFORMANCE DELLA PUBBLICA AMMINISTRAZIONE. RISCRIVERE L'ABUSO D'UFFICIO, GIAPPICHELLI, 2018.

NOTE: THE EXAM WILL COVER BOTH THE STUDY TEXTS.
More Information
FURTHER INFORMATION WILL BE COMMUNICATED BY THE PROFESSOR DURING THE COURSE.
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