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Single discipline educational activity
Course Sheet Academic Year of enrolment:
Professor and Collaborators:
Hours of classroom activity:
Objectives
Contents Study of constitutional and general principles in criminal matters: reserve of law, non-retroactivity, determination and taxation, guilt, materiality and offensiveness.
Definition and 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. Penalties and security measures. Function and measure of the penalty. Causes of exclusion and extinction of punishment.
Study of the prison law.
Extended Syllabus A) DUTIES AND FUNCTIONS OF CRIMINAL LAW.
- The principle of legality; the crisis of the reserve of law; jurisprudential law; national legality and European legality;
- Formal and substantive definition of the offense.
- The concept of legal good. The "constitutional" theory of the legal good.
- Subjects.
- The responsibility of collective bodies. Hints.
- The techniques of structuring criminal offenses that raise problems of constitutionality.
- The principles of criminal policy. The fragmentary nature of criminal law.
- The general theory of the crime and the analysis of the components of the crime.
- The bipartite and tripartite concepts of crime.
- The typical fact as the first level of the structure of the crime.
- The classical model and the importance of the teleological method.
- The conscience and will of the action;
- The notion of event in criminal law.
- The causal relationship. The different theories. The notion of the objective imputation of the event.
- The SS. UU. Franzese; criminal law in the presence of science;
- Substantive foundation and discipline of the causes of justification.
- In particular self-defense; legitimate home defense;
- The principle of guilt and art. 27, 1st and 3rd co., Const.
- Strict responsibility.
- The concept of guilt and the theories of punishment.
- Imputability as the ability to understand and want;
- The culpable offense.
- The definition of willful crime. The different forms of fraud. The possible malice;
- Discipline of the error.
- The preterintention;
- The forms of manifestation of the crime;
- The system of sanctions.
B) PENITENTIAL EXECUTION.
- The constitutional principles.
- The surveillance judiciary and the subjects of the penitentiary administration.
- Treatment of the condemned.
- Alternative measures to detention.
- Criminal execution against minors.
- European law and the prison system.
Recommended Bibliography M. Pelissero, Diritto penale. Appunti di parte generale, Giappichelli, ultima edizione
AA. VV., Manuale della esecuzione penitenziaria, a cura di Piermaria Corso, Monduzzi editoriale. The study of this last Manual can be limited to chapters I, II, III, V, XII, XIII.
N.B. It is mandatory to have a hard copy of the updated Criminal Code
we recommend that you read: Bortolato-Vigna, Vendetta pubblica, Il carcere in Italia, Laterza, 2020
V. Manes, Giustizia mediatica, Il Mulino, 2022
Methods of Provision
Teaching Methods Teaching takes place according to the traditional method (frontal lessons). During the lessons will be examined some practical cases, with particular attention to the general institutes and the jurisprudence formed in relation to them.
Evaluation methods Verification of learning:
The exam will take place in oral form, with online booking.
There are no verifications of learning in writing.
For attending students, questions concern cases and institutes studied in depth during lessons.
With the oral questions asked during the exam, the candidate will be assessed for his / her analysis and legal reasoning skills. In particular, the judgment criteria will be the following:
- relevance to demand;
- exhaustiveness with respect to demand;
- appropriate connection proposal;
- summary (no redundancies and repetitions);
- language skills;
- clarity of exposition.
Contacts/More Information