Gaspare DALIA | COMPARATIVE PROCEDURAL CRIMINAL

cod. 0160100059

COMPARATIVE PROCEDURAL CRIMINAL

	0160100059
	DEPARTMENT OF LAW
	EQF7
	LAW
	2024/2025

PERCORSO UNIQUE CURRICULUM

	YEAR OF DIDACTIC SYSTEM 2012
	SPRING SEMESTER

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/16	8	72	LESSONS	SUPPLEMENTARY COMPULSORY SUBJECTS

PROFESSORS

	GASPARE DALIA T Curriculum
	ALESSIO GAUDIERI Curriculum

EXAMS

	Exam	Date	Session
	DIRITTO PROCESSUALE PENALE COMPARATO	11/02/2025 - 16:00	SESSIONE DI RECUPERO
	DIRITTO PROCESSUALE PENALE COMPARATO	25/02/2025 - 16:00	SESSIONE DI RECUPERO

	Objectives
	THROUGH A HISTORICAL, POLITICAL AND SOCIO-CULTURAL ANALYSIS OF COMMON LAW AND CIVIL LAW PROCEDURAL SYSTEMS, THE COURSE AIMS TO GIVE THE STUDENT BACK THE KNOWLEDGE OF THE CRIMINAL JUSTICE MODELS ADOPTED BY DIFFERENT COUNTRIES, AS WELL AS A CORRECT PERCEPTION OF THE SCOPE OF THE RIGHTS AND GUARANTEES RECOGNIZED AT CONSTITUTIONAL LEVEL AND BY EUROPEAN AND INTERNATIONAL LEGISLATION. ADDITIONAL OBJECTIVES: 1.UNDERSTAND THE FUNDAMENTAL, INSTITUTIONAL, POLITICAL, SOCIAL, ECONOMIC AND CULTURAL DYNAMICS OF THE HISTORY OF CRIMINAL PROCEDURE IN ITS PECULIARITY AS A REGULATORY SYSTEM THAT OPPOSES THE STATE TO THE INDIVIDUAL, AUTHORITY TO FREEDOM; 2.UNDERSTAND THE REAL VALUE OF A FAIR TRIAL AS IT IS CAPABLE OF PREVENTING THE OCCURRENCE OF MISCARRIAGES OF JUSTICE AND UNJUSTIFIED COMPRESSION OF THE FUNDAMENTAL RIGHTS OF ANY INDIVIDUAL; 3.ACQUIRE THE ABILITY TO ANALYZE AND SOLVE COMPLEX SITUATIONS IN CONTEXTS OF INTERDISCIPLINARY STUDY AND COMPARISON; -ALLOWING, THROUGH AN ADEQUATE METHOD OF COMPARISON, THE DEVELOPMENT OF CRITICAL SKILLS SUITABLE FOR SUGGESTING REFORM INTERVENTIONS ALSO INSPIRED BY THE LEGISLATION OF OTHER COUNTRIES, IN AN INCREASINGLY TOPICAL PERSPECTIVE OF INTERNATIONAL JUDICIAL COOPERATION.

THROUGH A HISTORICAL, POLITICAL AND SOCIO-CULTURAL ANALYSIS OF COMMON LAW AND CIVIL LAW PROCEDURAL SYSTEMS, THE COURSE AIMS TO GIVE THE STUDENT BACK THE KNOWLEDGE OF THE CRIMINAL JUSTICE MODELS ADOPTED BY DIFFERENT COUNTRIES, AS WELL AS A CORRECT PERCEPTION OF THE SCOPE OF THE RIGHTS AND GUARANTEES RECOGNIZED AT CONSTITUTIONAL LEVEL AND BY EUROPEAN AND INTERNATIONAL LEGISLATION.
ADDITIONAL OBJECTIVES:
1.UNDERSTAND THE FUNDAMENTAL, INSTITUTIONAL, POLITICAL, SOCIAL, ECONOMIC AND CULTURAL DYNAMICS OF THE HISTORY OF CRIMINAL PROCEDURE IN ITS PECULIARITY AS A REGULATORY SYSTEM THAT OPPOSES THE STATE TO THE INDIVIDUAL, AUTHORITY TO FREEDOM;
2.UNDERSTAND THE REAL VALUE OF A FAIR TRIAL AS IT IS CAPABLE OF PREVENTING THE OCCURRENCE OF MISCARRIAGES OF JUSTICE AND UNJUSTIFIED COMPRESSION OF THE FUNDAMENTAL RIGHTS OF ANY INDIVIDUAL;
3.ACQUIRE THE ABILITY TO ANALYZE AND SOLVE COMPLEX SITUATIONS IN CONTEXTS OF INTERDISCIPLINARY STUDY AND COMPARISON;
-ALLOWING, THROUGH AN ADEQUATE METHOD OF COMPARISON, THE DEVELOPMENT OF CRITICAL SKILLS SUITABLE FOR SUGGESTING REFORM INTERVENTIONS ALSO INSPIRED BY THE LEGISLATION OF OTHER COUNTRIES, IN AN INCREASINGLY TOPICAL PERSPECTIVE OF INTERNATIONAL JUDICIAL COOPERATION.

	Prerequisites
	STUDENT MUST NOT RESPECT ANY PREREQUISITE - ANYWAY ARE DESIRABLES BASIC KNOWLEDGE OF CONSTITUTIONAL AND INTERNATIONAL LAW; GOOD KNOWLEDGE OF ANCIENT AND MODERN HISTORY

	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; CRIMINAL PROCEDURE IN USA; "BARD RULE" AND MODELS OF EVALUATION OF THE EVIDENCE OTHER TRIAL MODELS; A.D.R. (ALTERNATIVE DISPUTE RESOLUTION IN CRIMINAL MATTERS); DAMAGES OF THE CRIMINAL TRIAL

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;
CRIMINAL PROCEDURE IN USA; "BARD RULE" AND MODELS OF EVALUATION OF THE EVIDENCE OTHER TRIAL MODELS; A.D.R. (ALTERNATIVE DISPUTE RESOLUTION IN CRIMINAL MATTERS); DAMAGES OF THE CRIMINAL TRIAL

	Teaching Methods
	THE COURSE 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.

Teaching Methods

THE COURSE 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

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
	V. FANCHIOTTI, LA GIUSTIZIA PENALE STATUNITENSE, GIAPPICHELLI, 2022

	More Information
	ATTENDING STUDENTS CAN ACCORD WITH THE TEACHER SELECTED TOPICS IN RESPECT OF THE YEAR IN WHICH THEY HAVE PLACED THE MATTER IN THEIR PROGRAM. FOR ERASMUS STUDENTS THE PROGRAM IS OTHERWISE AGREED WITH THE PROFESSOR.

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Gaspare DALIA | COMPARATIVE PROCEDURAL CRIMINAL