Unit CRIMINAL LAW
- Course
- Socioanthropological studies for integration and social security
- Study-unit Code
- 40527406
- Curriculum
- In all curricula
- Teacher
- Daniela Falcinelli
- Teachers
-
- Daniela Falcinelli
- Hours
- 36 ore - Daniela Falcinelli
- CFU
- 6
- Course Regulation
- Coorte 2021
- Offered
- 2022/23
- Learning activities
- Caratterizzante
- Area
- Discipline giuridico-politologiche
- Academic discipline
- IUS/17
- Type of study-unit
- Opzionale (Optional)
- Type of learning activities
- Attività formativa monodisciplinare
- Language of instruction
- Italian
- Contents
- - General introduction to modern criminal law: the classic forms of
criminal protection to the test of the new scenarios of human insecurity
and to the comparison with the prevention measures; the discipline of
liability from offenses of the institutions.
- Crimes against the personality of the state: the criminal statute of
terrorism and the metamorphosis of the structure of terror (internal
terrorism, international terrorism, "mobile" terrorism).
- Offenses against public order: the forms of instigation in the classic
model of anticipating criminal protection; the associative cases in the
sign of the specific offense; the protection of public order against the
mafia method: the Mafia, the mafias.
- Crimes regarding health and safety in the workplace: the subjects of
security duties and the delegation of functions; in particular, the
jurisprudential case studies on death / injury due to exposure to asbestos
or other dangerous substances. - Reference texts
- AA.VV. (edited by L. Foffani, D. Castronuovo), Casi di diritto penale
dell’economia II. Impresa e sicurezza (Porto Marghera, Eternit, Ilva,
Thyssenkrupp), Bologna, Il Mulino, 2016.
G. Fiandaca – E. Musco, Diritto penale. Parte speciale – vol. 1, quinta
edizione, Bologna, Zanichelli, 2019 (chap. I – Delitti contro la personalità
dello Stato, pagg. 1- 65; and chap. V – Delitti contro l’ordine pubblico,
pagg. 473-504). Specific information on individual topics will be provided
during the course; during the lessons will it be analyze case law and the
major current scientific standing with respect to the topics discussed;
jurisprudential material will be made available to students through the
appropriate area of Uni-studium. We recommend using constantly a Penal
Code (not commented or explicate) accompanied by complementary
legislation reference, also to bring to class. - Educational objectives
- The course deals with the analysis of the penal regulation of the "offensive" human scenarios typical of the contemporary era, through the deepening of the social changes penetrated in the evolution of the normative texts and the jurisprudential and doctrinal exegetical orientations formed in the subject. Putting the human person at the center of the reflection, in the many facets that represent its fundamental values, the course aims at understanding the scope and limits of the current sphere of criminal relevance of the reality confronting the members of the social forum. At the end of the learning process, the main skills acquired will consist of: - analysis of the "human" criminal law sub-systems: in particular, the individual - and its fundamental values - as part of complex societies and as a member of the social community; - Critical verification of the applicability of the criminal law rule to the comparison with the new security needs of "criminal values" (new legal assets, new phenomena of criminal aggression). The course deals with the analysis of the criminal law regulation of "offensive" human scenarios typical of the contemporary era, through an in-depth study of the social changes that have penetrated the evolution of legal texts and jurisprudential and doctrinal exegetical orientations formed on the subject. By putting the human person at the center of reflection, in the many facets that represent his fundamental values, the course aims to make people understand the scope and limits of the current sphere of criminal relevance of the reality with which the members of the social forum. At the end of the learning process, the main skills acquired, applicative and communicative, will consist in: - analysis of the subsystems of "human" criminal law: in particular, the individual - and his fundamental values - as part of complex societies and as a member of the social community; - critical verification of the applicability of the rule of criminal law in comparison with the new security requirements of "criminal values" (new legal assets, new phenomena of criminal aggression); - solid legal argument about the qualifying result reached under the penal profile.
- Prerequisites
- The understanding of the topics covered in the course requires an
adequate knowledge of the institutes of the general part of criminal law,
so it is necessary to have taken the exam of Criminal Law (general). - Teaching methods
- The course is developed through lectures on frontal teaching, in the
classroom, on the topics of the course, which will be examined in detail
through the examination and critical discussion of the most significant
law cases. - 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 takes place with a final oral exam, through the analysis of
themes forming part of the course program through a discussion lasting
about 20-30 minutes, depending on the progress of the test itself, divided
into questions on separate arguments. The test is aimed at ascertaining
the level and the understanding ability reached by the student on the
theoretical contents and methodologies indicated in the program.
Attending students who wish to study single subjects in depth will also be
able to discuss the subject previously agreed with the teacher during the
examination. The test, as a whole, allows us to ascertain both the
capacity for knowledge and understanding of the subject and the ability
to expose and apply the acquired knowledge, as well as the ability to
elaborate autonomously solutions about the juridical-criminal
qualification of concrete cases.
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
- - General introduction to modern criminal law: the classic forms of
criminal protection to the test of the new scenarios of human insecurity
and to the comparison with the prevention measures; the discipline of
liability from offenses of the institutions. - Crimes against the personality
of the state: the criminal statute of terrorism and the metamorphosis of
the structure of terror (internal terrorism, international terrorism,
"mobile" terrorism). - Offenses against public order: the forms of
instigation in the classic model of anticipating criminal protection; the
associative cases in the sign of the specific offense; the protection of
public order against the mafia method: the Mafia, the mafias. - Crimes
regarding health and safety in the workplace: the subjects of security
duties and the delegation of functions; in particular, the jurisprudential
case studies on death / injury due to exposure to asbestos or other
dangerous substances.