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.

Curriculum

Canali

teacher profile | teaching materials

Programme

- Crimes against person (murder; injury);
- 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; trafficking in illicit influences);
- 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 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,G. GIAPPICHELLI, Torino (ult. ed.) ;
- I reati contro l'amministrazione della giustizia. Estratto dal V volume del Trattato Teorico-Pratico di Diritto Penale "Reati contro la pubblica amministrazione e contro l'amministrazione della giustizia", 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.

Type of evaluation

The oral exam tests the candidate's ability to orient himself independently in the identification of criminal offences and to solve theoretical and practical interpretative problems. It shall consist of at least three questions on topics covered by the programme. There is no set duration. Language is Italian. The candidate is asked to answer orally. Main evaluation criteria are: - the relevance and completeness of the answers; - the level of knowledge of the penal system; - the aptitude for the critical elaboration of the topics addressed; - the correctness of the expressions used. The evaluation is in thirtieths: 18/30 allows passing the exam, 30/30 is the maximum grade. The exam is recorded through GOMP.

teacher profile | teaching materials

Programme

The program of the course, after giving a general framework about the “special part” of the criminal (penal) code, will analyze the following crimes:
- crimes in protection of individual, with a specific focus on end-of-life issues
- crimes in protection of property
- crimes committed by public officials against the public administration


Core Documentation

1) A. MASSARO, Questioni di fine vita e diritto penale, Giappichelli, 2020
2) D. PULITANÒ (a cura di), Diritto penale. Parte speciale, volume I, Tutela penale della persona, Giappichelli, 2019 (excluding: Parte I, capitoli 8, 9, 10; Parte II, capitoli 1 - sezione prima; Parte IV, capitoli 2, 3, 4; Parte V, capitolo 1; Parte VI (all)
3) A. MASSARO, I delitti contro il patrimonio, Dispense https://drive.google.com/file/d/1CCEBKh4stvBTa1MOJ4-qYsyFjxoz7lf1/view?usp=sharing
4) M. CATENACCI (a cura di), I delitti dei pubblici ufficiali contro la pubblica amministrazione (in course of publication)

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 2022.

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).

teacher profile | teaching materials

Mutuazione: 20101051 DIRITTO PENALE II in GIURISPRUDENZA LMG/01 E - O MASSARO ANTONELLA

Programme

The program of the course, after giving a general framework about the “special part” of the criminal (penal) code, will analyze the following crimes:
- crimes in protection of individual, with a specific focus on end-of-life issues
- crimes in protection of property
- crimes committed by public officials against the public administration


Core Documentation

1) A. MASSARO, Questioni di fine vita e diritto penale, Giappichelli, 2020
2) D. PULITANÒ (a cura di), Diritto penale. Parte speciale, volume I, Tutela penale della persona, Giappichelli, 2019 (excluding: Parte I, capitoli 8, 9, 10; Parte II, capitoli 1 - sezione prima; Parte IV, capitoli 2, 3, 4; Parte V, capitolo 1; Parte VI (all)
3) A. MASSARO, I delitti contro il patrimonio, Dispense https://drive.google.com/file/d/1CCEBKh4stvBTa1MOJ4-qYsyFjxoz7lf1/view?usp=sharing
4) M. CATENACCI (a cura di), I delitti dei pubblici ufficiali contro la pubblica amministrazione (in course of publication)

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.