Diritto penale e processuale penale svizzero
It is highly suggested a thorough knowledge of Constitutional Law, Administrative law and Italian criminal law in order to correctly understand the subject and successfully take part in the course
For attending students, the exam is aimed at verifying the acquisition of the required notions and assessing the expected outcomes: proper use of vocabulary, logical and orderly organization of speech; advanced oral and written language and communication skills.
The segment concerns Swiss Criminal procedure and it aims to consolidate legal, linguistic and comparative skills in order to operate in a complex and, sometimes, fragmented legal system, such as the Swiss one, built upon different languages and traditions.
By the end of the course the student shall be able to properly identify and analyze tools of the Swiss criminal procedure and to discuss issues related to procedural rules (problem solving and reasoning skills), using the most appropriate technical terms.
The module intends to analyze, both from a theoretical and practical point of view, rules and issues of the Swiss criminal trial.
After some methodological premises and constitutional references, the course will examine the “actors” of criminal proceedings, their acts, the law of evidence and the proceedings themselves. Then, from a “dynamic” point of view, attention will be given to the different stages of a criminal proceeding (investigations, preliminary hearing, trial, special proceeding, hearings and appeals), and then sentencing and enforcement.
Norms, institutions and, more generally, procedural notions shall be analysed in their formants of legislation, case law and legal doctrine.
The texts to be studed will be indicated at the beginning of the course. In any case, for students who are interested, textbooks in French or German are available.
Due to the recent sanitary emergency (Covid-19) it is not clear whether the teaching activities will be conducted in presence or via the Microsoft Teams platform. In any case, following the order of the “Syllabus” – published on the e-learning platform –, the teaching activities shall interchange the analysis of general issues with the analysis of specific legal provisions and judicial case law.
All students are recommended to study the topics for each class in advance, to allow a constructive debate among all other students and with the professor.