Gaspare DALIA | COMPARATIVE PROCEDURAL CRIMINAL
Gaspare DALIA COMPARATIVE PROCEDURAL CRIMINAL
cod. 0160100059
COMPARATIVE PROCEDURAL CRIMINAL
| 0160100059 | |
| DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA) | |
| EQF7 | |
| LAW | |
| 2018/2019 |
| YEAR OF DIDACTIC SYSTEM 2012 | |
| PRIMO SEMESTRE |
| SSD | CFU | HOURS | ACTIVITY | |
|---|---|---|---|---|
| IUS/16 | 8 | 72 | LESSONS |
| Objectives | |
|---|---|
| TO EXAMINE THE FUNCTIONING OF THE ITALIAN PENAL JUSTICE IN COMPARISON WITH OTHER JUDICIAL SYSTEMS, THROUGH THE STUDY OF THE DISCIPLINE OF CRIMINAL LAW, OF CRIMINAL PROCEDURE AND PENITENTIARY LAW THROUGH A HISTORICAL ANALYSIS OF THE DIFFERENT TRIAL MODELS FOR UNDERSTANDING ALSO THE HISTORICAL-NORMATIVE EVOLUTION OF THE MORE REMARKABLE INSTITUTES'. TEACHING HAS THE TENDENCY TO MAKE TO CONCRETELY GATHER TO THE STUDENT THE IMPORTANCE OF THE RIGHTS IT IS OF THE FUNDAMENTAL GUARANTEES RECOGNIZED BY THE CONSTITUTIONS AND THE INTERNATIONAL PAPERS TO EVERY CITIZEN SUBMITTED TO CRIMINAL PROCEDURE, ALSO WITH REFERENCE TO THE FASE OF THE PUNISHMENT. KNOWLEDGE AND UNDERSTANDING. GENERAL KNOWLEDGE OF THE SYSTEM FENSURING THE RESPECT OF HUMAN RIGHTS IN CIRCLE UE, IN CIRCLE CEDU E IN CIRCLE EXTRA-U.E; ABILITY TO ACQUIRE A GREAER AND DEEPER AWARENESS OF THE REAL NECESSARY VALUES TO GUARANTEE A FAIR TRIAL; ABILITY TO COMPARE THE TRIAL INSTITUTES AND THE COMPLEX DYNAMICS IN THE DIFFERENT TRIAL MODELS. ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING. ABILITY TO READ AND TO INTERPRET THE RIGHT TRIAL PENALTY INSIDE THE RIGHT OF THE UNION, OF THE JURISPRUDENCE CEDU AND THE JURISPRUDENCE OF THE U.S. SUPREME COURT; ABILITY TO GATHER THE LINES OF TENDENCY IS THE FUTURE DEVELOPMENTS OF THE PENAL COMPARISON OF CRIMINAL PROCEDURE; ABILITY TO OPERATE THE REMEDIES PREDISPOSED TO ENSURE THE RESPECT OF HUMAN RIGHTS IN THE SYSTEM UE, IN THE SYSTEM CEDU AND IN AN INTERNATIONAL PERSPECTIVE. |
| Prerequisites | |
|---|---|
| STUDENT MUST NOT RESPECT ANY PREREQUISITE - ANYWAY ARE DESIRABLES BASIC KNOWLEDGE OF CONSTITUTIONAL AND INTERNATIONAL LAW; GOOD KNOWLEDGE OF ANCIENT AND MODERN HISTORY; BASIC 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 ATTENTION WILL BE FOCUSED THEREFORE TO: TRIAL MODELS AND HISTORICAL COMPARISON THE CEDU SYSTEM GENERAL THEORY OF AN EUROPEAN AND INTERNATIONAL FAIR TRIAL CRIMINALE PROCEDURE IN FRANCE, BELGIQUE, SPAIN, GERMANY, ENGLAND AND USA "BARD RULE" AND MODELS OF EVALUATION OF THE EVIDENCE THE OTHER TRIAL MODELS ALTERNATIVES TO THE TRIAL THE DAMAGES OF THE TRIAL LEGALIZATION AND PROHIBITIONISM PUNISHMENTS AND RESOCIALIZATION OF THE PRISONERS |
| Teaching Methods | |
|---|---|
| THE COURSE, COMPOSED OF 72 HOURS, WILL DEVELOP AMONG FRONTAL LESSONS, EXERCISES AND EXPERIENCES OF LABORATORY, AND WILL BE BASED ON A DIDACTIC METHOD CHARACTERIZED BY PRAGMATISM, ALSO WITHOUT SKIPPING THE NECESSARY ORGANIZATION OF THEORETICAL CHARACTER REQUIRED BY A GLOBAL APPROACH TO THE MATTER. THE FORMULATION OF THE LESSONS WILL BE MEASURED IN CONSTANT WAY WITH THE APPLICATION REFLEX OF THE TEACHING. THERE IS NO OBLIGATION OF FREQUENCY. |
| Verification of learning | |
|---|---|
| FOR ATTENDING STUDENTS: ORAL FINAL EXAM OR WRITTEN REPORT ON A TOPIC CHOSEN AND AGREED WITH THE TEACHER. 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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