Unit CRIMINAL LAW
- Course
- Investigation and security sciences
- Study-unit Code
- 40527409
- Curriculum
- In all curricula
- Teacher
- Stefania Sartarelli
- Teachers
-
- Daniela Falcinelli (Codocenza)
- Hours
- 2 ore (Codocenza) - Daniela Falcinelli
- CFU
- 9
- Course Regulation
- Coorte 2021
- Offered
- 2022/23
- Learning activities
- Caratterizzante
- Area
- Discipline giuridico-politologiche
- Academic discipline
- IUS/17
- Type of study-unit
- Obbligatorio (Required)
- Type of learning activities
- Attività formativa monodisciplinare
- Language of instruction
- Italian
- Contents
- The themes of general part which are examined are specified in: 1. The principles The punishment and its functions; the responsibility of the collective bodies. The principle of harm; the principle of the typical fact. The principle of legality; the sub-principles of reserve of law, of determination, of prohibition of analogy, of the not-retroactivity of criminal law. 2. The structure of the crime The typical fact; objective and subjective element; the wrongfulness; the culpability. 3. The forms of manifestation of the crime The attempt. The complicity of people in the crime. The circumstances. Unity and plurality of crimes (notes). 4. The punishability and the consequences of the crime.
- Reference texts
- C.F. Grosso - M. Pelissero - D. Petrini - P. Pisa, Manuale di diritto penale. Parte generale, Giuffrè editore, Milano, 2020 [excluding Part Six - Chapters XXV and XXVI] -
recommended text for further information: D. Falcinelli, Dal diritto penale “emozionale” al diritto penale “etico”. Il garantismo costituzionale contro l’illusione di giustizia del populismo penale, in S. Anastasia- M. Anselmi – D. Falcinelli, Populismo penale: una prospettiva italiana, Second edition, Cedam Scienze giuridiche, Wolters Kluwer, Milano, 2020. Codice penale (updated edition).
The most significant jurisprudence relating to the topics covered will also be examined during the course. - Educational objectives
- The course is aimed at acquiring the tools for the critical analysis of the special part of criminal law in its relationship with the relevant constitutional principles and with the institutions of the general part. At the end of the learning process of this fundamental knowledge, the main application and communication skills that the student will be equipped with will therefore be: - analyze the incriminating norm (general part and special part) according to a constitutionally oriented interpretation; - critically verify the applicability of an incriminating rule (general and abstract) to a specific and concrete human event; - argue with solid legal reasons about the qualifying result achieved under the penal profile.
- Prerequisites
- The study of matter requires knowledge of the basic lines of systematic public law and the ability to apply a logical-deductive method.
- Teaching methods
- The course develops through frontal lectures, in the classroom, on the topics of the course, which will be studied in depth also through the examination and critical discussion of the most significant jurisprudential cases on the penal institutions of reference.
- Other information
- Student reception activities according to the online calendar, or, for information on this subject, contact the teacher by the institutional e-mail address.
For specific didactic information, students with DSA are invited to contact the teacher directly, by the institutional e-mail address. - Learning verification modality
- The exam includes a final oral test, consisting of a discussion lasting about 20-30 minutes depending on the progress of the test itself, divided into questions on different topics. The test is aimed at verifying and assessing the level of knowledge and understanding achieved by the student with respect to the theoretical and methodological contents indicated in the program. In particular, the oral exam, based on the answers provided by the student, will allow to verify and evaluate the acquisition of the exact technical-juridical terminology, of the ability to expose the studied contents, of the ability to argue in order to the current problems concerning the applicability of specific criminal laws. For students with disabilities and / or with DSA, the most appropriate teaching methods and verification of the understanding of the subject will be shared according to the personal needs of the student.
In case a student intends to anticipate his/her exam in a year preceding the one it is scheduled in his/her curriculum, it is recommended to anticipate as well the attendance of the lessons and to schedule the exam in the first useful session after the lessons have been concluded. - Extended program
- The didactic project in the teaching of criminal law sets out for the comprehension of the legal institutes and of the criminal concepts which determine the in force code, as applied by the exegesis of doctrine and jurisprudence. The themes of general part which are examined are specified in: 1. The principles The punishment and its functions; the responsibility of the collective bodies. The principle of harm; the principle of the typical fact. The principle of legality; the sub-principles of reserve of law, of determination, of prohibition of analogy, of the not-retroactivity of criminal law. 2. The structure of the crime The typical fact; objective and subjective element; the wrongfulness; the culpability. 3. The forms of manifestation of the crime The attempt. The complicity of people in the crime. The circumstances. Unity and plurality of crimes (notes). 4. The punishability and the consequences of the crime.