CRIMINAL LAW - SPECIAL PART/SPECIFIC CRIMES

Antonino SESSA CRIMINAL LAW - SPECIAL PART/SPECIFIC CRIMES

0160100121
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2022/2023

OBBLIGATORIO
YEAR OF COURSE 5
YEAR OF DIDACTIC SYSTEM 2012
AUTUMN SEMESTER
CFUHOURSACTIVITY
654LESSONS


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.

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.

IT IS HIGHLY SUGGESTED A BASIC KNOWLEDGE OF PRIVATE LAW, PHILOSOPHY OF LAW, CONSTITUTIONAL LAW AND CRIMINAL LAW. MOLD ABOUT CIVIC AND SOCIAL STRUCTURE.
Contents
ORIGINS OF OVERALL SYSTEM OF CRIMINAL JUSTICE COSTITUTIONALLY DEDUCTIBLE. THE CRIMINAL PENALTY AS A TOOL OF SOCIAL INTEGRATION . PERPETRATOR AND VICTIM OF THE CRIME.
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 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
FOR ATTENDING STUDENTS, NOTES PREPARED DURING LESSONS ARE INTEGRAL PART OF THE EXAM PROGRAM. THEY MUST BE INTEGRATES WITH TEXT BOOKS RECOMMENDED BELOW, FOR ALL THAT IS NECESSARY.

FOR NOT ATTENDING STUDENTS

A) T. PADOVANI- L. STORTONI, DIRITTO PENALE E FATTISPECIE CRIMINOSE. INTRODUZIONE ALLA PARTE SPECIALE DEL DIRITTO PENALE, BOLOGNA, 1991

OPPURE

D. PULITANO', INTRODUZIONE ALLA PARTE SPECIALE DEL DIRITTO PENALE, TORINO, 2010;

B) S. MOCCIA, IL DIRITTO PENALE TRA ESSERE E VALORE. FUNZIONE DELLA PENA E SISTEMATICA TELEOLOGICA, NAPOLI 1992 (PP. 83-116 E PP.215-283)

C) G. FIANDACA - E. MUSCO, DIRITTO PENALE. PARTE SPECIALE. VOL.I, V ED. AGGIORNATA, BOLOGNA, 2012 (CAP. 2 DA P. 155 A P. 286 - CAP.3 - CAP.5 - CAP. 6)

D)A.SESSA, CITTADINANZA ESPANSIVA, POLITICHE DI INTEGRAZIONE E MOTIVAZIONE CULTURALE AL REATO: PROFILI STORICO-DOMMATICI E DI POLITICA CRIMINALE, IN INDICE PENALE 2014, PP.469-504

More Information
THE TEACHING ALSO AIMS TO PROMOTE INTO THE STUDENT THE ABILITY TO ANALYZE, WITH KNOWLEDGE, LEGAL ISTITUTIONS, IN A SIZE THAT, BETWEEN BEING OR HAVING TO BE, HE IS ABLE TO ORGANIZE THE WHOLE SYSTEM OF CRIMINAL JUSTICE, ACCORDING TO CRITERIA OF RATIONALITY. ACQUISITION AND MASTERY OF THE CRITICAL TOOLS FOR THE CONSTRUCTION OF A LOGICAL AND LEGAL PATH ABLE TO PROVIDE USEFUL TOOLS FOR ANALYSIS OF COMPLEX SITUATIONS IN THE CONTEXT OF STUDIES AND WORKING. TO BE ABLE TO COLLECT AND CRITICALLY INTERPRET DATE AND COMPLEX INFORMATIONS INTHE SPECIFIC SUBJECTS AREA. TO BE ABLE OF COMMUNICATING TO A NOT SPECIFIC PUBLIC INFORMATIONS, IDEAS AND SOLUTIONS WITH PROPERTY OF LANGUAGE AND GOOD ARTICOLATION OF THOUGHT.
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