Section outline

  • The Course is aimed to acquire the ability to address the critical interpretation and analysis of the so-called “parte generale” of the Italian criminal law. From a methodological point of view, an approach based on a constitutional-oriented interpretation of the criminal law will be adopted throughout the course. As a consequence, the analysis of the Italian criminal law will be carried out on the basis of the democratic principles and values of the rule of law established by the Italian Constitution and considerable attention will be paid to the case-law developed by the Italian Constitutional Court as well as the European Courts.

    The aim of the Course is also to provide the elements of the so-called “parte speciale” of the Italian Criminal Code and to lead the students – beginning with an introduction to the Books II and III of the Italian Criminal Code – to the learning and the interpretation of the “families” of offences, in the light of their systematic outline and of the constitutional principles.

     

    Main topics of the Course:

    - origins, fundamentals, development and historical evolution of the criminal law;

    - sources of the criminal law;

    - fundamental principles;

    - structure of the Italian Criminal Code (in particular, the organization chart of Book I);

    - interpretation of the criminal law;

    - space limits and personal application of the criminal law;

    - general theory of the crime;

    - objective element (notion of “actus reus”);

    - act requirement (active or omissive conduct);

    - subjective elements of the criminal offence;

    - unlawfulness of the act, justification and excuses;

    - the culpability principle;

    - circumstances of the criminal offence;

    - the attempt;

    - concurrence of criminal offences;

    - complicity and joint criminal enterprise;

    - criminal sanctions;

    - causes of extinction of the crime and of the sanction;

    - "misure di prevenzione";

    - introduction to the so-called “parte speciale” of Italian Criminal Code and relationship with the so-called “parte generale”;

    - summary elements about the offences regulated by Books II and III of the Italian Criminal Code.

     

    Reference books

    Giovanni Fiandaca-Enzo Musco, Diritto penale. Parte generale, VIII edizione, Bologna, Zanichelli, 2019.

    Alberto Cadoppi-Paolo Veneziani, Elementi di Diritto penale. Parte speciale, VI edizione, Milano, Wolters Kluwer-Cedam, 2019 (except Chapters XI, XII e XIII).

    It’s also necessary the regular consultation of the Italian Criminal Code, updated to the last reforms.


    TARGETS

    KNOWLEDGE:

    1. acquire a thorough knowledge of the constitutional and supranational principles and the fundamental rights concerning the current criminal justice system;
    2. understand and critically evaluate the conceptual categories and principles of Italian criminal law as well as their origin, historical evolution, reasons and implications;
    3. assess and critically comment upon the concept and main elements of criminal offence,  as well as its forms of manifestation (attempt and complicity);
    4. understand and critically evaluate the functions and the regulation of the criminal penalties (primary and accessory penalties) and the causes of extinction of the crime;
    5. acquire a summary and systematic knowledge of the offences regulated by the Books II and III of the Italian Criminal Code.

    SKILLS:

    1. Demonstrate an appropriate level of research skills in locating, evaluating and interpreting academic opinions and the case-law;
    2. set correctly the relationship between so-called “parte generale” and “parte speciale” of criminal law;
    3. solve problems and individual cases using the knowledge gained from the Course;
    4. competence and precision in the use of the legal language.

     

    It is required to pass the exams of Constitutional Law and Private Law to be allowed to sit for this exam.

     

    Teaching is carried out by face-to-face lessons for a total of 100 hours.

    Workshops or seminars about specific topics or case studies could be organized during the course.

     

    Learning will be verified by means of an oral examination with questions related to the topics which were covered during the lessons and to those contained in the reference books.

    The examination aims to verify:

    - the level of achievement of the “learning outcomes” previously identified;

    - the ability to argue on the required subjects;

    - the ability to connect systematically the knowledge achieved;

    - the argumentative, reasoning and problem-solving skills;

    - competence and precision in the use of the legal language.

     

    The mark will be expressed in thirties, where 30 is the highest grade and 18 is the lowest grade to pass the exam. In case of an excellent knowledge, a high level of linguistic accuracy and an argumentative, reasoning and problem-solving capacity the candidate may earn the highest grade with “cum laude” honor.