The course is aimed at providing the students with the fundamental and basic concepts of the so-called General Part of Criminal Law, that is the branch of legal dogmatic whose object is, mainly, the study of the sources and the limits of validity of the criminal rule, the structure of the criminal fact, the forms of manifestation of offence and the system of penalties, criminal and not, consequent to the commission of a crime. This study finds its own proofing test in the analysis of some of the most important hypothesis of the so-called “natural” offences, such as crimes against life and personal safety and crimes against property.
Canali
teacher profile teaching materials
CRIMINAL LAW AS EXTREMA RATIO OF PROTECTION. SOURCES OF CRIMINAL LAW. RULE OF LAW PRINCIPLE. VALIDITY OF CRIMINAL NORM IN TIME, SPACE AND TOWARDS PERSONS. RELATIONSHIPS BETWEEN CRIMINAL NORMS AND BETWEEN CRIMINAL NORMS AND OTHER NORMS. CONCEPT OF CRIMINAL OFFENCE AND RELATIONSHIPS BETWEEN CRIMINAL OFFENCE AND OTHER OFFENCES. STRUCTURE OF CRIMINAL OFFENCE. OBJECTIVE ELEMENT AND SUBJECTIVE ELEMENT. POSITIVE AND NEGATIVE ELEMENTS. THE SO-CALLED OBJECTIVE RESPONSIBILITY. ABERRATIO ICTUS AND ABERRATIO DELICTI.
VALIDITY OF LEGAL NORM IN TIME.
PART II:
CRIMES AGAINST PERSON AND CRIMES AGAINT PATRIMONY
2. M. TRAPANI, Abrogatio. Lineamenti della validità temporale della norma giuridica, Torino, Giappichelli, 2019
3. M. TRAPANI - A. MASSARO (a cura di), Temi penali, Vol. II, Delitti contro la persona. Delitti contro il patrimonio, Torino, Giappichelli, 2018 (ESCLUSI i seguenti capitoli: 1) La diffamazione; 2) Gli atti persecutori; 3) Il riciclaggio).
Programme
PART I:CRIMINAL LAW AS EXTREMA RATIO OF PROTECTION. SOURCES OF CRIMINAL LAW. RULE OF LAW PRINCIPLE. VALIDITY OF CRIMINAL NORM IN TIME, SPACE AND TOWARDS PERSONS. RELATIONSHIPS BETWEEN CRIMINAL NORMS AND BETWEEN CRIMINAL NORMS AND OTHER NORMS. CONCEPT OF CRIMINAL OFFENCE AND RELATIONSHIPS BETWEEN CRIMINAL OFFENCE AND OTHER OFFENCES. STRUCTURE OF CRIMINAL OFFENCE. OBJECTIVE ELEMENT AND SUBJECTIVE ELEMENT. POSITIVE AND NEGATIVE ELEMENTS. THE SO-CALLED OBJECTIVE RESPONSIBILITY. ABERRATIO ICTUS AND ABERRATIO DELICTI.
VALIDITY OF LEGAL NORM IN TIME.
PART II:
CRIMES AGAINST PERSON AND CRIMES AGAINT PATRIMONY
Core Documentation
1. M. GALLO, Diritto penale italiano. Appunti di parte generale, Vol. I, 3ª edizione, Torino, Giappichelli, 20192. M. TRAPANI, Abrogatio. Lineamenti della validità temporale della norma giuridica, Torino, Giappichelli, 2019
3. M. TRAPANI - A. MASSARO (a cura di), Temi penali, Vol. II, Delitti contro la persona. Delitti contro il patrimonio, Torino, Giappichelli, 2018 (ESCLUSI i seguenti capitoli: 1) La diffamazione; 2) Gli atti persecutori; 3) Il riciclaggio).
Type of delivery of the course
The course of Criminal Law (A-L) consists of teacher’s lectures and specialist seminars during the first semester of the academic year (October - December). Lectures take place on Mondays, Tuesdays and Wednesdays, from 12:00 to 14:00, in classroom 2 of Department of Law. Seminars take place on Wednesdays from 16:00 to 18:00, in classroom 4 of Department of Law. In particular, during specialist seminars, students study offences.Attendance
Class attendance is not mandatory. Lectures take place on Mondays, Tuesdays and Wednesdays, from 12:00 to 14:00, in classroom 2 of Department of Law. Seminars take place on Wednesdays from 16:00 to 18:00 in classroom 4 of Department of Law.Type of evaluation
The exam is oral and students have to demonstrate knowledge of the main topics of Criminal Law and learning of the technical language. Evaluation is expressed in thirtieths and the exam is passed with marks from 18/30. There are three exam dates during the winter session (January - February) and three dates during the summer session (June - July), while, during the autumn session (September), there are only two exam dates. Extraordinary session takes place on one day in November. There aren’t intermediate tests. teacher profile teaching materials
Programme
THE COURSE PROVIDES STUDENTS WITH THE FUNDAMENTALS OF CRIMINAL LAW, INTRODUCING THEM TO THE STUDY OF THE FOLLOWING TOPICS: THE CRIMINAL LAW PROVISION, THE STRUCTURE AND THE FORMS OF THE OFFENSE, CONCURRENCE OF OFFENCES, THE OFFENDER AND THE OFFENDED PARTY, CRIMINAL PENALTIES, SECURITY MEASURES AND CIVIL PENALTIES FOR CRIMINAL OFFENSES.Core Documentation
MEZZETTI E., DIRITTO PENALE. CASI E MATERIALI, 2a Ed.,ZANICHELLI, Bologna 2017. pp. 912.Type of delivery of the course
Frontal teaching. Frequency not obligatory but reccomendedType of evaluation
Final oral exam: attending and non-attending students will have to answer at least one question posed orally on each part of the program, with reference to the recommended texts and lectures. Verification of learning takes place through an oral test assessed by the minimum mark of 18 to the maximum of 30 with honors.