20101051 - CRIMINAL LAW II

The course introduces the analysis of the special part of the Criminal Law, with particular regard to the crimes provided for in the Italian Penal Code.
The analysis focuses on the most frequently emerging crimes in the case law, as well as on the basic techniques of interpretation and application.
The course aims to provide fundamental skills to address recurrent theoretical and practical problems in the criminal field.

Canali

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Programme

- Crimes against person (murder; injury; sexual violence; child pornography);
- Crimes against the public administration (public qualifications of the active subject; embezzlement; embezzlement to the detriment of the State; undue perception of disbursements to the detriment of the State; corruption; bribery; undue induction; abuse of office; omission of acts; violence or threat to a public official; resistance or outrage to a public official; trafficking in illicit influences; disturbed freedom of tenders; disturbed freedom of the procedure of choosing the contractor; non-performance of public supply contracts; fraud in public supplies);
- Crimes against the administration of justice (failure to report; simulation of crime; slander; self-slander; false information to the public prosecutor; false statements to the attorney; false testimony; procedural fraud; fraud in criminal proceedings and misdirection; obstruction of justice; induction to reticence or mendacity; personal and real aiding; intentional non-execution of a court order; self-made justice);
- Crimes against property (theft; embezzlement; robbery; extortion; kidnapping for the purpose of extortion; fraud; fraudulent insolvency; circumvention of disabled; usury; receiving stolen goods; money laundering and related offences; self-laundering);
- Crimes against public order (criminal association);
- Crimes against public safety (massacre; fire, disaster; removal or omission of accident prevention precautions; negligent crimes; crimes against the environment).


Core Documentation

Suggested texts
The use of the penal code is essential.
In support of the analysis of the penal code, any textbook that deals with the topics covered by the program can be used.
The following texts are suggested:
- M. CATENACCI, Crimes against the Public Administration and against the administration of justice,G. GIAPPICHELLI, Torino (ult. ed.) ;
- A. FIORELLA, Questioni fondamentali della parte speciale del diritto penale, Estratto ad uso degli studenti – Università degli Studi "Roma Tre", G. GIAPPICHELLI, Torino (ult. ed.).
Regarding usury, the following essay is suggested:
- A. FIORELLA- M. MASUCCI, Libertà negoziale e responsabilità senza prova nel delitto di usura,in Riv. trim. dir. pen. econ., 2016, pp. 650-686.


Type of delivery of the course

Lectures will take place in the classrooms of the law faculty and will be simultaneously transmitted and recorded via teams.

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Programme

The first lessons of the course will be dedicated to an in-depth study of both the attempted crime and conspiracy. After giving a general framework about the “special part” of the criminal (penal) code, it will consider the crimes in protection of individual, with a specific focus on end-of-life issues, through a monographic analysis. The topics that will be treated are:
- crimes against life and individual safety;
- end-of-life issues: Welby and Antoniani cases;
- prenatal life and medically-assisted Procreation;
- duty to rescue;
- drugs and doping;
- protection of personal freedom;
- protection of health and morals;
- sexual offences;
- offences against honour.


Core Documentation

1) A. MASSARO, Questioni di fine vita e diritto penale, Giappichelli, 2020
2) D. PULITANÒ, Diritto penale. Parte speciale, volume I, Tutela penale della persona, Giappichelli, 2019
3) A. MASSARO, Le forme di manifestazione del reato, Dispense (materiale messo a disposizione dal docente)

Type of delivery of the course

Classes will be held in the classrooms of the Department of Law, in compliance with the modalities imposed by the pandemic situation. It will be ensured, at the same time, the transmission of the lessons in telematic mode, through the Microsoft Teams platform.

Type of evaluation

The evaluation of the student will take place as a result of an oral interview, aimed at verifying the knowledge of the institutions and fundamental principles of criminal law as well as the individual crimes covered by the program.

teacher profile | teaching materials

Programme

The course includes knowledge of the following Titles of Book II of the Criminal Code:
Crimes against the person
Crimes against property
Crimes against the Public Administration
Crimes against public order

Core Documentation

Bartoli, Pelissero, Seminara
Diritto penale. Lineamenti di parte speciale. Giappichelli 2021.

Type of delivery of the course

During the lessons, the teacher will provide students with additional jurisprudential material which is an integral part of the exam program

Type of evaluation

Learning will be verified by means of an oral examination with questions related to the topics which were covered during the lessons and to those contained in the recommended textbooks. The mark will be expressed in thirties, and the evaluation will be based on the following parameters: knowledge of the notions and of the themes discussed in classroom as well as contained in the suggested textbooks; ability to logically organize knowledge; analysis of the subject with critical thinking . The overall evaluation will take into account the quality of the exposition (correct and complete information, competence and precision in the use of the legal language, clarity and linearity).