Felice Pier Carlo IOVINO | PRINCIPLES OF CRIMINAL LAW AND CRIMINAL PROCEDURE
Felice Pier Carlo IOVINO PRINCIPLES OF CRIMINAL LAW AND CRIMINAL PROCEDURE
cod. 0160100073
PRINCIPLES OF CRIMINAL LAW AND CRIMINAL PROCEDURE
0160100073 | |
DEPARTMENT OF LAW | |
EQF7 | |
LAW | |
2024/2025 |
YEAR OF DIDACTIC SYSTEM 2012 | |
AUTUMN SEMESTER |
SSD | CFU | HOURS | ACTIVITY | |
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IUS/16 | 8 | 72 | LESSONS |
Objectives | |
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- THE COURSE AIMS TO PROVIDE KNOWLEDGE OF THE CHARACTERISTICS AND FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW AND CRIMINAL PROCEDURE - THE STUDENT WILL KNOW THE DISCIPLINARY FOUNDATIONS AND THE CORRECT METHODOLOGY FOR SOLVING PROBLEMS IN THE GENERAL THEORY OF CRIME; OF THE PRINCIPLES OF GENERAL THEORY OF CRIME AND OF THE FUNDAMENTAL INSTITUTIONS OF THE GENERAL AND SPECIAL PART OF CRIMINAL LAW, WITH ATTENTION TO THE SOURCE AND EUROPEAN LEGISLATION; OF THE EXERCISE OF INVESTIGATIVE, JURISDICTIONAL AND DEFENSIVE FUNCTIONS OPERATING THROUGHOUT THE ENTIRE CRIMINAL PROCEEDING AND OF THE NEEDS RELATED TO THE USE OF CRIMINAL APPEALS AND EXECUTIVE JURISDICTION. THE STUDENT WILL BE ABLE TO ANALYZE AND APPLY WITH AWARENESS THE SOLUTIONS OF THE PENAL CODE, OF CRIMINAL PROCEDURE AND OF THE MAIN SPECIAL LEGISLATION IN FORCE ON THE SUBJECT, ALSO WITH REFERENCE TO THE EUROPEAN LEGAL SYSTEM, WITHIN THE FRAMEWORK OF THE CONSTITUTIONAL GUIDING VALUES, MAKING USE OF THE ACQUIRED KNOWLEDGE OF GENERAL, CRIMINAL AND CRIMINAL PROCEDURAL THEORY, AND DEVELOPED EXEGETICAL SKILLS FOR THE PURPOSES OF THE CORRECT LEGAL FRAMEWORK OF THE BASIC CASE STUDIES - THE STUDENT WILL BE ABLE TO MAKE USE OF THE ACQUIRED KNOWLEDGE OF CRIMINAL LAW AND PROCEDURE AND OF THE DEVELOPED EXEGETICAL SKILLS FOR THE PURPOSES OF THE CORRECT LEGAL FRAMEWORK OF THE BASIC CASES AND THE SYSTEMATIC RESOLUTION OF THE APPLICATION PROBLEMS. THE STUDENT WILL BE ABLE TO ACQUIRE AN ARGUMENTATIVE METHOD AND TO COMMUNICATE INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC DISCIPLINARY FIELD EVEN TO A NON-SPECIALIST AUDIENCE WITH GOOD LANGUAGE SKILLS AND GOOD ARTICULATION OF THOUGHT. THE STUDENT WILL BE ABLE TO CORRECTLY USE THE CODE OF CRIMINAL LAW AND PROCEDURE AND ANALYZE THE LAW IN ORDER TO UPDATE THEIR KNOWLEDGE TO REGULATORY EVOLUTION |
Prerequisites | |
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COSTITUTIONAL LAW |
Contents | |
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PART ONE 36 HOURS LESSON AND TUTORIALS CRIMINAL LAW AND PROCESS (TYPES, SYSTEMS) THE SOURCES THE PRINCIPLES AND GUARANTEES: 1) NULLUM CRIMEN, NULLA POENA SINE LEGE (CRIMINAL LAW, JURISDICTION) 2) NULLUM CRIMEN SINE ACTIONE (CONDUCT, EVENT, CAUSALITY, METHODS OF ASSESSMENT, CONTRADICTORY) 3) NULLUM CRIMEN SINE INIURIA (LEGAL OBJECT, PASSIVE SUBJECT, DISCRIMINATING, SUBJECTS OF THE TRIAL) 4) NULLUM CRIMEN SINE CULPA (MALICE, FAULT, PRETERINTENTION, PROCEDURAL CAPACITY) SECOND PART 36 HOURS LESSON AND TUTORIALS PROTECTION OF LIBERTIES AND DEFENSE AGAINST CRIME 1) PREVENTION MEASURES 2) THE PRECAUTELARY MEASURES 3) THE PRECAUTIONARY MEASURES 4) THE PENALTY 5) SUBSTITUTE SANCTIONS 6) ALTERNATIVE MEASURES 7) SECURITY MEASURES |
Teaching Methods | |
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THE COURSE CONSISTS OF 74 HOURS BETWEEN LECTURES AND ACTIVITIES SEMINARS . THE COURSE IS DESIGNED TO STUDENTS ATTENDING REGULARLY . STUDENTS WHO CAN NOT ATTEND WILL SEEK THE TEACHER FOR EXPLANATION AND CLARIFICATION . THE FREQUENCY IS FREE |
Verification of learning | |
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ORAL FINAL EXAM, TAKING ACCOUNT OF THE ACTIVE PARTICIPATION IN THE LESSONS AND OF THE CONTESTUAL READING OF THE DISTRIBUTED DIDACTIC MATERIAL. DURING THE LAST WEEK OF THE COURSE THE ATTENDING STUDENTS WILL BE ABLE TO SUPPORT ONE OR MORE TESTS OF PARTIAL OR TOTAL ORAL VERIFICATION, EXEMPTION OF EXAM. FINAL ORAL EXAM. EVALUATION CRITERIA OF THE EXAMINATION WILL BE: 1) KNOWLEDGE AND UNDERSTANDING ABILITY 2) THE ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING 3) THE JUDGMENT AUTONOMY, OR THE CAPACITY OF CRITICAL SENSE AND JUDICIAL FORMULATION 4) THE ABILITY OF COMMUNICATION STUDENTS WHO SUPPORTED CRIMINAL LAWS AND CRIMINAL PROCEDURE WILL ONLY BE CONFER ON THE SECOND PART OF THE PROGRAM THE EXAMINATION IS EXCEEDED WHEN THE VOTE IS GREATER OR MORE THAN 18. THE MINIMUM EVALUATION LEVEL IS ATTRIBUTED WHEN THE STUDENT HAS A FRAGMENTARY KNOWLEDGE OF THEORETICAL CONTENT OR EXHIBIT A LIMITED CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE MAXIMUM LEVEL 30, IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND DEEPENING KNOWLEDGE OF THEORETICAL CONTENT OR SHOW A NOTABLE CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE CONTEXT OF STUDY. LA LODE IS ATTRIBUTED WHEN THE CANDIDATE DEMONSTRATE SIGNIFICANT MASTERY OF THEORETICAL AND OPERATIVE CONTENT AND EXHIBITS TO KNOW TO PRESENT THE TOPICS WITH REMARKABLE LANGUAGE PROPERTIES AND ABILITY OF AUTONOMOUS ELABORATION ALSO IN CONTEXTS OTHER THAN THOSE PROPOSED BY THE TEACHER. |
Texts | |
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GLI ARGOMENTI POSSONO ESSERE E TRATTI DA: FIANDACA MUSCO, DIRITTO PENALE. PARTE GENERALE, ZANICHELLI EDITORE, BOLOGNA , ULTIMA EDIZIONE A.A. DALIA, M.FERRAIOLI, MANUALE DI DIRITTO PROCESSUALE PENALE, CEDAM PADOVA ULTIMA EDIZIONE IN ALTERNATIVA FIORE -FIORE, DIRITTO PENALE. PARTE GENERALE, UTET, TORINO ULTIMA EDIZIONE. TONINI MANUALE DI PROCEDURA PENALE, GIUFFRÈ, MILANO ULTIMA EDIZIONE OTHER MANUALS CHOSEN BY THE STUDENT |
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