The course aims at deepening the dynamics of criminal proceedings. Particular attention will be paid to the structural profiles of the institutions of the procedure and the fundamental principles that govern the discipline.
In this perspective, the analysis of the regulatory framework will be carried out together with a critical study of the reference case law practice.
In this perspective, the analysis of the regulatory framework will be carried out together with a critical study of the reference case law practice.
teacher profile teaching materials
The procedural subjects: the judge; the public prosecutor; the person under investigation; the defendant; the civil party; the injured party; the civil responsible person; the person civilly liable for the pecuniary penalty - The relations between criminal and civil proceedings.
The criminal procedural act - The types of invalidity: non-existence; nullity; unusability; inadmissibility.
Preliminary investigations.
Precautionary measures.
Precautionary measures.
Defensive investigations.
Preliminary hearing.
Special proceedings: summary judgement; application of the penalty at the request of the parties; proceedings by decree; summary judgement; immediate judgement; suspension of the trial with trial.
General principles of the trial.
Pre-trial proceedings; the right to trial.
The trial phase; the evidentiary procedure; the individual means of evidence; the post-trial phase.
The procedure before the monocratic court.
Proceedings before the Justice of the Peace.
Proceedings concerning administrative offences.
General principles on appeals: individual ordinary and extraordinary means of appeal.
Criminal judgments. Enforcement and supervision.
Jurisdictional relations with foreign authorities.
Reductions in the programme are foreseen for students attending the course and will be agreed with the professor during the course of the lessons.
H. Belluta, M. Gialuz, L. Lupária (eds.), Codice sistematico di procedura penale, Giappichelli, last edition; to be supplemented with the text of Law 134 of 2021 for the reform of the criminal trial.
Programme
The criminal trial: comparative models and constitutional principles - Criminal procedural law in space and time.The procedural subjects: the judge; the public prosecutor; the person under investigation; the defendant; the civil party; the injured party; the civil responsible person; the person civilly liable for the pecuniary penalty - The relations between criminal and civil proceedings.
The criminal procedural act - The types of invalidity: non-existence; nullity; unusability; inadmissibility.
Preliminary investigations.
Precautionary measures.
Precautionary measures.
Defensive investigations.
Preliminary hearing.
Special proceedings: summary judgement; application of the penalty at the request of the parties; proceedings by decree; summary judgement; immediate judgement; suspension of the trial with trial.
General principles of the trial.
Pre-trial proceedings; the right to trial.
The trial phase; the evidentiary procedure; the individual means of evidence; the post-trial phase.
The procedure before the monocratic court.
Proceedings before the Justice of the Peace.
Proceedings concerning administrative offences.
General principles on appeals: individual ordinary and extraordinary means of appeal.
Criminal judgments. Enforcement and supervision.
Jurisdictional relations with foreign authorities.
Reductions in the programme are foreseen for students attending the course and will be agreed with the professor during the course of the lessons.
Core Documentation
G. Lozzi, Lineamenti di procedura penale, Giappichelli, last edition.H. Belluta, M. Gialuz, L. Lupária (eds.), Codice sistematico di procedura penale, Giappichelli, last edition; to be supplemented with the text of Law 134 of 2021 for the reform of the criminal trial.
Type of delivery of the course
The course consists of lectures given by the lecturer in the classroom. In the course of the lectures, all the fundamental topics of the institutional part of the course are dealt with, and some particularly topical issues in the light of the most recent case law are also explored.Type of evaluation
The course ends with an oral examination. In order to verify the level of achievement of the training objectives , the student will have to answer two or three questions on the topics covered by the course, with reference to the text adopted and the lecture notes.