Criminal Law

Francesco SCHIAFFO Criminal Law

0160100038
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2020/2021

OBBLIGATORIO
YEAR OF COURSE 3
YEAR OF DIDACTIC SYSTEM 2012
PRIMO SEMESTRE
CFUHOURSACTIVITY
981LESSONS


Objectives
THE TEACHING AIMS TO PROVIDE THE STUDENTS THE INSTRUMENTS NECESSARY TO ACKNOWLEDGE AND UNDERSTAND THE CHARACTERISTICS, CONTENTS AND MEANINGS OF THE FUNDAMENTALS OF CRIMINAL LAW, OTHER THAN PROVIDING THE CORRECT METHODOLOGY TO APPROACH JURIDICAL PROBLEMS ON WHICH STANDS CRIME’S GENERAL THEORY, FOCUSING ON THE SOURCES AND ON EUROPEAN AND INTERNATIONAL LAW.
THE RESULTS WHICH THE COURSE AIMS ARE:

A)KNOWLEDGE AND ABILITY TO UNDERSTAND
GENERAL KNOWLEDGE ABOUT THEORY, PRINCIPLES AND RULES OF THE GENERAL PART OF CRIMINAL CODE WHICH LEADS TO THE CAPABILITY TO MANAGE COSTITUTIONAL VALUES WITHIN THE PENAL SYSTEM. ACCORDING TO THIS BENCHMARK, CANDIDATES ARE ALSO EXPECTED TO RATIONALLY DEAL WITH CRIMINAL LAW’S ISSUES.

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.


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
IT IS HIGHLY SUGGESTED A BASIC KNOWLEDGE OF PRIVATE LAW AND PHILOSOPHY OF LAW.
THIS EXAM REQUIRES HAVING ALREADY PASSED THE COSTITUTIONAL LAW EXAM
Contents
•CRIMINAL LAW AND CRIMINAL NORMS (18H LESSONS, 2H SEMINARIES)

CHARACTERISTICS AND FUNCTIONS OF CRIMINAL LAW; THE GUARANTY FUNCTION OF CRIMINAL LAW; FUNDAMENTALS OF CRIME’S GENERAL THEORY.

•COMMISSIVE INTENTIONAL CRIME (18H LESSONS, 2H SEMINARIES)

•FORM OF MANIFESTATION OF CRIME (12H LESSONS, 2H SEMINARIES)

•COMMISSIVE NON-INTENTIONAL CRIME (6H LESSONS, 2H SEMINARIES)

•OMISSIONAL CRIME (6H LESSONS, 2H SEMINARIES)

•OBJECTIVE RESPONSIBILITY (4H LESSONS)

•SANCTIONS (5H LESSONS; 2H SEMINARIES)
Teaching Methods
THE TEACHING WILL TAKE PLACE DURING THE FIRST SEMESTER AND WILL COMPREHEND 81 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 STOPS 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 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
THE FOLLOWING BOOKS ARE RECOMMENDED TO STUDY/PREPARE THE EXAMINATION (ABOUT CRIMINAL LAW):

BOOK NO.1:
FIANDACA - MUSCO, DIRITTO PENALE. PARTE GENERALE, ZANICHELLI EDITORE, 8TH EDITION, 2019;
OR
FIORE - FIORE, DIRITTO PENALE. PARTE GENERALE, UTET, 6TH EDITION, 2020.

BOOK NO.2:
MOCCIA, IL DIRITTO PENALE TRA ESSERE E VALORE, ESI, NAPOLI 1992, P.17-38 + P.77-88 + P.96-97 + P.101-116.

IT IS ALSO POSSIBLE TO CHOOSE OTHER BOOKS APPROVED BY THE TEACHER.
More Information
THE STUDENTS OF THE COURSE WILL RECEIVE SOME ADDICTIONAL TEACHING MATERIALS INSTEAD OF SOME PARTS OR CHAPTERS OF THE RECOMMENDED BOOKS.

FOR FURTHER INFORMATION, PLEASE.
WWW.UNISA.IT/DOCENTI/FRANCESCOSCHIAFFO/INDEX
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