The aim of the course is to deepen the increasingly close relationship between criminal procedural law and the use of technological tools to ascertain the crime. With this in mind, after examining the fundamental institutes of criminal procedure, the student will be directed towards a comparison, also critical, with the grafting of digital and computer technologies into today's criminal justice system. To this end, the most recent legislative and jurisprudential innovations in the field of technical-scientific evidence, digital evidence and artificial intelligence will be examined in depth, which now constitute an essential background for the legal professional. Particular attention will be devoted to the theme of procedural guarantees that are in danger of changing in the face of similar and new challenges of technological progress applied to the procedural verification of liability for criminal acts.
teacher profile teaching materials
1. Acts of Civil Procedure (Identification. Characteristics. Classification. Written acts, oral acts and material activities. Forms of procedural documents and "telematic process". Digital acts, analogic acts, and mixed acts. Copies and duplicates of documents. Deadlines. Place of completion of the procedural documents. Paper-based hearing and videoconference hearing. Communications and notifications. Telematic court communications and notifications. The power of notification of the bailiff and the lawyer. The traditional notifications of the bailiff. The electronic notifications of the bailiff. The analogic notifications of the lawyer. The electronic notifications of the lawyer. Special forms of notification. Telematic filing. The electronic dossier of procedural documents).
2. Nullity of Procedural Acts (General characteristics. Relevance of nullity. Achievement of the purpose of the act and irrelevance of nullity. Relative nullities. Nullities that can be detected also ex officio. Principles of extension of nullities and preservation of procedural acts. Renewal of null act. Issues of nullity and conversion of nullities into grounds for appeal. Nullity of notification. Nullity and related concepts).
3. Evidence (Acquisition of documentary evidence. Evidentiary incidents related to documents. Digital aspects of evidentiary procedure. Evidentiary procedure concerning digital objects).
The consultation of an updated edition of the code of civil procedure including special legislation is essential.
Programme
CIVIL PROCEDURAL LAW AND DIGITAL TECHNOLOGIES1. Acts of Civil Procedure (Identification. Characteristics. Classification. Written acts, oral acts and material activities. Forms of procedural documents and "telematic process". Digital acts, analogic acts, and mixed acts. Copies and duplicates of documents. Deadlines. Place of completion of the procedural documents. Paper-based hearing and videoconference hearing. Communications and notifications. Telematic court communications and notifications. The power of notification of the bailiff and the lawyer. The traditional notifications of the bailiff. The electronic notifications of the bailiff. The analogic notifications of the lawyer. The electronic notifications of the lawyer. Special forms of notification. Telematic filing. The electronic dossier of procedural documents).
2. Nullity of Procedural Acts (General characteristics. Relevance of nullity. Achievement of the purpose of the act and irrelevance of nullity. Relative nullities. Nullities that can be detected also ex officio. Principles of extension of nullities and preservation of procedural acts. Renewal of null act. Issues of nullity and conversion of nullities into grounds for appeal. Nullity of notification. Nullity and related concepts).
3. Evidence (Acquisition of documentary evidence. Evidentiary incidents related to documents. Digital aspects of evidentiary procedure. Evidentiary procedure concerning digital objects).
Core Documentation
G. RUFFINI (editor), Civil Procedural Law, Il Mulino, Bologna 2023, Volume I, Chapters 7, 8, 16.The consultation of an updated edition of the code of civil procedure including special legislation is essential.
Attendance
Attendance is optional, but strongly recommended. In fact, in addition to promoting a more secure understanding of the subject, it allows a direct exchange with the teacher and between the students themselves.Type of evaluation
The exam consists in an oral inquiry aimed at assessing the level of knowledge reached by the student and the ability to reason and analyze; questions will be based on topics covered during the course or included in the program. To this end, questions are asked on topics covered during the lessons or included in the program, relating to both modules (Civil Procedural Law and Criminal Procedure).