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COMPARATIVE PROCEDURAL CRIMINAL

Gaspare DALIA COMPARATIVE PROCEDURAL CRIMINAL

0160100059
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2016/2017

YEAR OF DIDACTIC SYSTEM 2012
PRIMO SEMESTRE
CFUHOURSACTIVITY
872LESSONS
GASPARE DALIA T Curriculum
Objectives
THROUGH HISTORICAL, POLITICAL AND SOCIO-CULTURAL ANALYSIS OF DIFFERENT MODELS OF CRIMINAL PROCEEDINGS, THE TEACHING ALLOWS STUDENTS TO CONCRETELY UNDERSTAND THE IMPORTANCE OF FUNDAMENTAL RIGHTS AND WARRANTIES DISCLAIMED TO ANYONE BY THE CONSTITUTIONS AND THE INTERNATIONAL PAPERS, IN ORDER TO ACQUIRE MORE AND DEEPER AWARENESS OF REAL VALUES OF "FIAR TRIAL".
Prerequisites
BASIC KNOWLEDGE OF CONSTI-TUTIONAL AND INTERNATIONAL LAW; GOOD KNOWLEDGE OF ANCIENT AND MODERN HISTORY; GOOD KNOWLEDGE OF PHILOSOPHY; BASIC KNOWLEDGE OF LEGAL PHILOSOPHY
Contents
COURSE PROGRAM WILL ANALYZE, IN MULTIDISCIPLINARY AND COMPARATIVE PERSPECTIVE, THE DIFFERENT MODELS IN RELATION TO THE CHOICES IN CRIMINAL LAW. THE ITALIAN CRIMINAL PROCEDURE WILL BE COMPARED WITH OTHER SYSTEMS OF CIVIL AND COMMON LAW. STARTING FROM THE “US MODEL", WILL BE REPORTED GUIDELINES THAT HAVE ALLOWED THE REFORM, IN ACCUSATORY SENSE, OF THE ITALIAN TRIAL IN 1988. HOWEVER, WILL NOT BE OVERLOOKED THE MAJOR EUROPEAN COUNTRIES SUCH AS FRANCE, RATHER WELL LINKED TO AN INQUISITORIAL MODEL.
IN ADDITION, THE STUDY OF RELATIONS BETWEEN NATIONAL AND INTERNATIONAL SOURCES AND MAIN PROCESSING IN JUDICIAL COURT OF EDU DEMONSTRATE THE RELEVANT IMPLICATION OF CEDU ON THE JUDICIAL INTERPRETATIONS GIVEN FOR CONFORMING TO AN UNIVERSAL MODEL OF "FAIR TRIAL."
Teaching Methods
THE COURSE IS INTENDED FOR STUDENTS WHO ATTEND REGULARLY. THE COURSE IS LIKE A SEMINAR AND THE METHOD OF TEACHING WILL BE BASED PRIMARILY ON FRONT LECTURES WHICH WILL INVOLVE THE STUDENTS IN ACCORDANCE WITH INDUCTIVE AND DEDUCTIVE CRITERIA, EVEN THROUGH THE READING OF JUDGMENTS AND COMMENT ON “HISTORIC” JUDICIAL CASES.
STUDENTS WHO CAN NOT ATTEND WILL ALWAYS SEEK THE TEACHER FOR ADDITIONAL EXPLANATIONS.
Verification of learning
FOR ATTENDING STUDENTS:
ORAL FINAL EXAM OR WRITTEN REPORT ON A TOPIC CHOSEN AND AGREED WITH THE PROFESSOR.
FOR NOT ATTENDING STUDENTS:
ORAL FINAL EXAM.
EVALUATION CRITERIA OF THE EXAMINATION WILL BE:
1) ABILITY TO ADDRESS A COMPLEX JOINT
2) ABILITY TO EXPRESS THEMSELVES WITH CLARITY AND WITH APPROPRIATE LANGUAGE
3) ABILITY TO PUT THE EVENTS AND CONCEPTS LEARNED IN A SPECIFIC OVERVIEW OF LOGIC AND HISTORICAL SPACE
4) ABILITY TO SELECT AND STORE DATA WITH THOSE MOST SIGNIFICANT
5) ABILITY TO UNDERSTAND THE INSTITUTIONAL, POLITICAL, SOCIAL, ECONOMIC AND CULTURAL BASIC DYNAMICS, ABOUT THE CRIMINAL PROCEEDINGS;
6) ABILITY TO ANALYZE THE LEGISLATIVE CHOICES ABOUT CRIMINAL PROCEEDINGS, ALLOWING TO ACQUIRE SUFFICIENT CAPACITY OF ANALYSIS TO SOLVE SITUATIONS;
7) CRITICAL SKILLS AND ABILITY OF JUDGEMENT
Texts
- M. G. AIMONETTO, PROCESSO PENALE FRANCESE, IN ENCICLOPEDIA DEL DIRITTO, ANNALI, VOL. II, TOMO I, 2008;
- V. PATANÈ, PROCESSO PENALE INGLESE, IN ENCICLOPEDIA DEL DIRITTO, ANNALI, VOL. II, TOMO I, 2008;
- S. MARCOLINI, PROCESSO PENALE SPAGNOLO, IN ENCICLOPEDIA DEL DIRITTO, ANNALI, VOL. II, TOMO I, 2008;
- V. FANCHIOTTI, PROCESSO PENALE STATUNITENSE, IN ENCICLOPEDIA DEL DIRITTO, ANNALI, VOL. II, TOMO I, 2008;
- T. R. RAFARACI, PROCESSO PENALE TEDESCO, IN ENCICLOPEDIA DEL DIRITTO, ANNALI, VOL. II, TOMO I, 2008;
- R. GAMBINI MUSSO (A CURA DI), IL PROCESSO PENALE STATUNITENSE. SOGGETTI ED ATTI, 3ª ED., TORINO, GIAPPICHELLI, 2009, LIMITATAMENTE AI CAPITOLI 1 E 2 (PP. 1-87).
FOR ERASMUS STUDENTS:
- G. UBERTIS, PRINCIPI DI PROCEDURA PENALE EUROPEA, RAFFAELLO CORTINA EDITORE, MILANO, 2009, IN ADDITION TO MATERIALS SUBMITTED BY THE TEACHER DEPENDING ON THE COUNTRY OF ORIGIN
More Information
ATTENDING STUDENTS CAN DISCUSS WITH THE TEACHER SELECTED TOPICS IN RESPECT OF THE YEAR IN WHICH THEY HAVE PLACED THE MATTER IN THEIR TEACHING PROGRAM. FOR ERASMUS STUDENTS THE PROGRAM IS OTHERWISE AGREED WITH THE PROFESSOR.
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