CRIMINAL LAW ADVANCED
- Overview
- Assessment methods
- Learning objectives
- Contents
- Full programme
- Bibliography
- Teaching methods
- Contacts/Info
To get the most out of the course and to prepare effectively for the exam, it is fundamental that students have a good knowledge of the institutions of the General Section of the Criminal Law code. Students are therefore encouraged, whether attending in person or not attending classes, to carefully revise a Manual of the General Section of the criminal code. Knowledge of Constitutional Law is also required, including basic elements of Community Law and International Law (for a correct understanding of the role of Conventions and of prosecution requests from the EU).
There will be an oral final test on the program due for the 6 CFU course and for the 8 CFU course.
For students of the 8 CFU course who attend the majority of the classes, there will be an opportunity to make an intermediate written test where they will have to discuss a case based on the topic already analysed in classes, and to answer briefly to a set of of questions on juridical and theoretical problemes regarding the crimes already studied. If they succeed, they will be asked to study for the final test only the remaining crimes and the grade of the intermediate test will be part of the final grade in a 60% percentage. The final grade will be expressed in a grade from 18 to 30. It will be taken into account the (ability of communicate) the knowledge of the topics which are part of the program (60%), the independent legal debating skills and problem solving skill (30%) and the appropriate use of juridical and penal language (10%).
This course is intended for students who already possess a good understanding of the fundamentals of Criminal Law, and forms a first, necessary completion of the subject through the study of a group of criminal regulations which form the backbone of the Special Section of the Criminal Law code: crimes against the person with a particular view through Gender Crimes. By proposing the analysis of these areas of law, the course will provide a working environment within which students will be called upon to organise and utilise the conceptual instruments and the arsenal of arguments to be found in the “general theory” of Criminal Law, and to use them for analysis of and practical application to individual offences.
Furthermore the course aims to improve the student’s appropriate use of juridical and penal language and his or her independent legal debating skills, with a problem solving approach, so that communication and relational skills will also be improved.
For the 2019/2020 academical year, the course will be presented in a 6 CFU form (third year students) and in a 8 CFU form (fourth year students).
The 6 CFU course (35 hours) will offer advanced knowledge about crimes against life and individual integrity, maternity, personal freedom.
The 8 CFU (50 hours) course will add to crimes studied in the first 35 hours an insight view of gender crimes, in particular crimes which involve violence against women and some crimes against the family.
At the end of the course the student will be expected to demonstrate skills in relation to the following aspects: (a) techniques and models of incrimination; (b) the role and function of International Conventions concerning options of criminalisation and the applicative principles in the case of crimes against the person; (c) contents and modes of interpretation made by doctrine and jurisprudence of the criminal cases considered during the course. In particular students are required to be able to recognise correctly the essential elements of the individual prosecuting laws and to resolve practical cases in respect of the most significant and statistically relevant case studies examined during the course.
Criminal Law is a mandatory test paper both in the Italian Bar exam and in the State competitive Examinations necessary to become Judges in Court.
The course looks at two independent groups of criminal laws: The first part (35 hours), mandatory for the 6 CFU course, looks at main crimes against the person (life, physical integrity, maternity and personal freedom) in the Penal Code; the second part (15 hours), which is in addition and mandatory for the 8 CFU course, is dedicated to the criminal protection against gender violence, and will take into account some crimes against sexual freedom, against juvenile victims and against the family.
Learning outcomes This course is intended for students who already possess a good
understanding of the fundamentals of Criminal Law, and forms a first,
necessary completion of the subject through the study of a group of
criminal regulations which form the backbone of the Special Section of
the Criminal Law code: crimes against the person with a particular view
through Gender Crimes. By proposing the analysis of these areas of law,
the course will provide a working environment within which students will
be called upon to organise and utilise the conceptual instruments and the
arsenal of arguments to be found in the “general theory” of Criminal Law,
and to use them for analysis of and practical application to individual
offences.
Furthermore the course aims to improve the student’s appropriate use of
juridical and penal language and his or her independent legal debating
skills, with a problem solving approach, so that communication and
relational skills will also be improved.
For the 2019/2020 academical year, the course will be presented in a 6
CFU form (third year students) and in a 8 CFU form (fourth year
students).
The 6 CFU course (35 hours) will offer advanced knowledge about crimes
against life and individual integrity, maternity, personal freedom.
The 8 CFU (50 hours) course will add to crimes studied in the first 35
hours an insight view of gender crimes, in particular crimes which involve
violence against women and some crimes against the family.
At the end of the course the student will be expected to demonstrate
skills in relation to the following aspects: (a) techniques and models of
incrimination; (b) the role and function of International Conventions
concerning options of criminalisation and the applicative principles in the
case of crimes against the person; (c) contents and modes of
interpretation made by doctrine and jurisprudence of the criminal cases
considered during the course. In particular students are required to be
able to recognise correctly the essential elements of the individual
prosecuting laws and to resolve practical cases in respect of the most
significant and statistically relevant case studies examined during the
course.
Criminal Law is a mandatory test paper both in the Italian Bar exam and
in the State competitive Examinations necessary to become Judges in
Court.
Prerequisites To get the most out of the course and to prepare effectively for the exam,
it is fundamental that students have a good knowledge of the institutions
of the General Section of the Criminal Law code. Students are therefore
encouraged, whether attending in person or not attending classes, to
carefully revise a Manual of the General Section of the criminal code.
Knowledge of Constitutional Law is also required, including basic
elements of Community Law and International Law (for a correct
understanding of the role of Conventions and of prosecution requests
from the EU).
Course content The course looks at two independent groups of criminal laws: The first
part (35 hours), mandatory for the 6 CFU course, looks at main crimes
against the person (life, physical integrity, maternity and personal
freedom) in the Penal Code; the second part (15 hours), which is in
addition and mandatory for the 8 CFU course, is dedicated to the criminal
protection against gender violence, and will take into account some
crimes against sexual freedom, against juvenile victims and against the
family.
Mode of delivery The course will take place in the second term, with 50 contact hours in
complex.
First 35 hours are mandatory for the 6 CFU course; remaining 15 hours
are necessary to complete the 50 hours due in accordance with the 8
credits course. The teaching includes:
• lectures, mainly on theoretical topics to illustrate the principles and
institutions of Criminal Law, including some elements of Criminology;
• jurisprudence case study discussions, set forth with power point
presentations and original documents made available on the e-learning
pl
1. 6 CFU Course: D. Pulitanò (a cura di), Diritto penale parte speciale, Vol. I, Tutela penale della persona, Giappichelli, Torino, 2019, from p. 1 to pag. 115; from p. 191 to p. 278.
2. 8 CFU Course: D. Pulitanò (a cura di), Diritto penale parte speciale, Vol. I, Tutela penale della persona, Giappichelli, Torino, 2019, from p. 1 to p. 115; from p. 191 to p. 318, from p. 357 to p. 377 and from p. 467 to p. 509.
3. The object of both courses (either the 6 CFU than the 8 CFU course) will be based not only on the set texts, but also on readings and analysis of pronouncements in jurisprudence or other juridical material made available on the e-learning platform, in the 2019/2020 academical year's course, and which will constitute a mandatory part of knowledge necessary to take the exam.
Mandatory is the use of an updated Italian Penal Code and the knowledge of the EU relevant Regulations, Directives, judgements which will be posted on e-learning .
Suggested Penal Code: Emilio Dolcini - Gianluigi Gatta (a cura di), Codice penale e norme complementari, Milano, ISBN 9788828810773, Giuffrè, 2019
Suggested handbook to review the General Part of the Criminal Law: G. Marinucci - E. Dolcini - G. Gatta, Manuale di diritto penale, parte generale, latest edition, Milano, Giuffrè.
The course will take place in the second term, with 50 contact hours in complex.
First 35 hours are mandatory for the 6 CFU course; remaining 15 hours are necessary to complete the 50 hours due in accordance with the 8 credits course. The teaching includes:
• lectures, mainly on theoretical topics to illustrate the principles and institutions of Criminal Law, including some elements of Criminology;
• jurisprudence case study discussions, set forth with power point presentations and original documents made available on the e-learning platform, aimed at helping students to acquire Criminal Law terminology, to refine their use of analytical techniques and to develop a correct style of legal debate and discussion. Students will be required to intervene.
• written individual or class work on controversial case law problems, designed to promote either appropriate use of juridical and penal language and relational and team cooperation skills.
• conferences
The check of the e-learning platform, where documents, cases and other mandatory materials will be uploaded, is required.
Tutorials on thursday immediately after the lesson. The tutor is also available for appointments at a different time or place, arranged via email. During the first term, when there are no lessons, the tutor is available to see students in Como in the office at the Chiostro of S. Abbondio and in Varese, in the Padiglione Seppilli, appointments to be arranged by email