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Single discipline educational activity
Course Sheet Academic Year of enrolment:
Professor and Collaborators:
Hours of classroom activity:
Prerequisites:
have passed the exams of Private Law and Constitutional Law.
Objectives
Contents Study of the constitutional and general principles that characterize the penal system: reserve of law, non-retroactivity, determination and taxation, guilt, materiality and offensive.
Concept, definition and analysis of the structure of the crime. Types of offense. Examination of the constituent elements of the crime: typical fact (active and omissive conduct, event, causal relationship); anti-juridicity (single reasons for justification); guilt (imputability, willful misconduct, guilt, pre-intention, ignorance of criminal law). Forms of manifestation of the crime: circumstances, attempt, unity and plurality of crime, concurrence of persons in the crime.
Punishment and sanctioning system. Penis and security measures. Function and measure of the penalty. Causes of exclusion and extinction of punishment.
Extended Syllabus Constitutional principles in criminal theme: reserve of law, non-retroactivity, determination and taxation of criminal law, materiality and offensive nature of the illegal act, necessary guilt of the author.
Application of Italian criminal law also for facts committed outside the national territory.
Definition and structure of the crime. Examination of the constituent elements of the crime according to the quadripartition system.
Examination of the constitutive elements of the typical fact: active subject, active and omissive conduct, passive subject, offense to the protected legal property, event, causal relationship.
Anti-juridicity and causes of exclusion of anti-juridicity.
subjective requirements for the guilty judgment: knowledge of the criminal law, willful misconduct and pre-intention, ability to understand and want, exclusion of excuses.
Causes that exclude or prevent punishment.
Forms of manifestation of the crime: attempted crime, concurrence of persons in the crime, aggravating and mitigating circumstances, concurrence of rules and concurrence of crimes.
Type of criminal sanctions, function and commensuration of the penalty, judgment of dangerousness and security measures, execution of the penalty.
administrative liability of legal persons for networks committed by administrators or managers.
Recommended Bibliography for Part I of the program:
AA.VV., Introduction to the penal system, Giappichelli publisher, Turin, latest edition, limited to Chapters 1st - 2nd - 3rd - 4th - 5th and 7th of Part Four.
for Part II of the program, chosen by the students:
MARINUCCI and DOLCINI, Criminal law, Giuffré publisher, Milan, latest edition, excluding Chapters I and II;
or:
CADOPPI and VENEZIANI, Elements of criminal law, general part, CEDAM, Padua, 2010, with the exclusion of the First Part (Constitutional principles).
Methods of Provision
Teaching Methods
Evaluation methods Verification of learning:
Oral exam on the course content with online booking.
Contacts/More Information