20110214 - CRIMINAL PROCEDURE

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.
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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

Lozzi, Lineamenti di procedura penale, last edition, Giappichelli, Turin
Belluta-Gialuz-Luparia (eds.), Codice sistematico di diritto processuale penale, last edition, Giappichelli, Turin

Attendance

optional

Type of evaluation

oral examination