Criminal Law
A.Y. 2024/2025
Learning objectives
The aim of the course is providing the student with a thorough knowledge of the general part of Italian criminal law's principles and institution. At the end of the course, students will be able to frame and analyze legal issue pertaining to the field of criminal law, having developed a proper learning and reasoning approach to criminal law matters.
Expected learning outcomes
The course will provide students with:
- a good knowledge of the fundamental principles and institutions of Italian criminal law, especially in the fields of crime theory and punishment theory;
- the ability to rework the concepts studied and to apply this knowledge to concrete cases;
- the ability to systematically interpret and classify criminal rules;
- the ability to discuss and find possible solutions even in the problematic cases that will be illustrated by way of examples during the classes.
- a good knowledge of the fundamental principles and institutions of Italian criminal law, especially in the fields of crime theory and punishment theory;
- the ability to rework the concepts studied and to apply this knowledge to concrete cases;
- the ability to systematically interpret and classify criminal rules;
- the ability to discuss and find possible solutions even in the problematic cases that will be illustrated by way of examples during the classes.
Lesson period: Activity scheduled over several sessions (see Course syllabus and organization section for more detailed information).
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Surname A-C
Responsible
Lesson period
year
Course syllabus
During the first semester (63 hours of lessons), teaching will cover the following topics:
- the legitimacy and duties of criminal law;
- the functions of the penalty and the system of sanctions;
- the sources and limits on the applicability of criminal law;
- the notion and systematic of the crime;
- the crime;
- unlawfulness and causes of justification;
- the guilt.
During the second semester (42 hours of lessons), teaching will cover the following topics:
- the punishment;
- the attempt;
- the concurrence of persons in the crime;
- the concurrence of crimes and the apparent concurrence of rules;
- the detailed offense;
- the criminal liability of entities;
- single crimes (eg murder, fraud, corruption, aiding and abetting).
- the legitimacy and duties of criminal law;
- the functions of the penalty and the system of sanctions;
- the sources and limits on the applicability of criminal law;
- the notion and systematic of the crime;
- the crime;
- unlawfulness and causes of justification;
- the guilt.
During the second semester (42 hours of lessons), teaching will cover the following topics:
- the punishment;
- the attempt;
- the concurrence of persons in the crime;
- the concurrence of crimes and the apparent concurrence of rules;
- the detailed offense;
- the criminal liability of entities;
- single crimes (eg murder, fraud, corruption, aiding and abetting).
Prerequisites for admission
The exams of Diritto costituzionale, Istituzioni di diritto privato I and Istituzioni di diritto privato II are preparatory to the exam of Criminal Law.
The first partial test, reserved for attending students, can be taken even if the aforementioned prerequisites have not yet been respected.
The first partial test, reserved for attending students, can be taken even if the aforementioned prerequisites have not yet been respected.
Teaching methods
The course focuses on the General Part of Criminal Law. Only for those attending the course will also cover certain crimes in the Special Section, representing entire categories of offenses.
The course includes 105 hours of lectures, distributed over the two semesters (63 + 42).
The course includes 105 hours of lectures, distributed over the two semesters (63 + 42).
Teaching Resources
The preparation of the exam requires the study of the text Basile F., Materiali per lo studio critico e interattivo del diritto penale:
vol. I - first semester.
vol. II - second semester.
It is also necessary to constantly consult a Criminal Code and complementary rules, also in pocket format, provided that they are updated to 2024 and in PAPER version.
vol. I - first semester.
vol. II - second semester.
It is also necessary to constantly consult a Criminal Code and complementary rules, also in pocket format, provided that they are updated to 2024 and in PAPER version.
Assessment methods and Criteria
The final exam will consist of an oral interview, lasting about 20-30 minutes, aimed at ascertaining the knowledge of the topics covered by the entire program of the course, as well as the acquisition of the criminal law vocabulary and the ability to rework the concepts learned. Evaluations will be expressed in thirtieths.
Only attending students will be able to take, after the conclusion of the first semester, a first oral exam, lasting about 20-30 minutes, concerning the program of the first semester. This first oral exam can be taken only once. However, the student is allowed to "withdraw" after the first question (no later) and return to the next session.
The positive outcome of this test, together with the active attendance also in the second semester, will allow you to take the second oral test, at the end of the course, lasting about 20-30 minutes, concerning the program of the second semester. This second oral exam can also be taken only once. However, the student is allowed to "withdraw" after the first application (no later than) and return to the next session, within the month of September.
The final vote of the exam will take into account the outcome of both tests and any progress between the first and second tests.
Finally, attending students will be able to take an optional practical test in May / June, in which the analysis of a concrete case or a particular figure of crime will be addressed: any positive outcome of this test will be taken into account in the final vote.
Attending students who do not take the first oral exam or do not score a sufficient mark in it, will be able to take the entire exam on the program of the students at the end of the course.
Only attending students will be able to take, after the conclusion of the first semester, a first oral exam, lasting about 20-30 minutes, concerning the program of the first semester. This first oral exam can be taken only once. However, the student is allowed to "withdraw" after the first question (no later) and return to the next session.
The positive outcome of this test, together with the active attendance also in the second semester, will allow you to take the second oral test, at the end of the course, lasting about 20-30 minutes, concerning the program of the second semester. This second oral exam can also be taken only once. However, the student is allowed to "withdraw" after the first application (no later than) and return to the next session, within the month of September.
The final vote of the exam will take into account the outcome of both tests and any progress between the first and second tests.
Finally, attending students will be able to take an optional practical test in May / June, in which the analysis of a concrete case or a particular figure of crime will be addressed: any positive outcome of this test will be taken into account in the final vote.
Attending students who do not take the first oral exam or do not score a sufficient mark in it, will be able to take the entire exam on the program of the students at the end of the course.
IUS/17 - CRIMINAL LAW - University credits: 15
Lessons: 105 hours
Professor:
Basile Fabio
Shifts:
Turno
Professor:
Basile FabioSurname D-L
Responsible
Lesson period
year
Course syllabus
The course focuses on the general part of the criminal law and will be divided into two parts.
The first part, which will be the subject of discussion in the first half of the year, will concern the themes illustrated in chapters I, IV-VIII of the textbook, and in particular:
- legitimation of the criminal law; penalty functions;
- the fundamental principles of the criminal law;
- the notion and systematics of the offense;
- the crime;
- the criminal fact.
- the unlawfulness and the justifications
- the culpability;
The second part, which will be the subject of discussion in the second semester, will concern the topics illustrated in chapters II, IX-XV of the textbook, and in particular:
- the opportunity to punish.
- the attempt
- the participation of people in the crime;
- the concurrence of crimes and the apparent concurrence of rules;
- the aggravating and attenuating circumstances;
- the sources and limits of the criminal law;
- the sanctioning system (penalties and security measures);
- the restorative justice;
- the liability for offenses of the entities.
The first part, which will be the subject of discussion in the first half of the year, will concern the themes illustrated in chapters I, IV-VIII of the textbook, and in particular:
- legitimation of the criminal law; penalty functions;
- the fundamental principles of the criminal law;
- the notion and systematics of the offense;
- the crime;
- the criminal fact.
- the unlawfulness and the justifications
- the culpability;
The second part, which will be the subject of discussion in the second semester, will concern the topics illustrated in chapters II, IX-XV of the textbook, and in particular:
- the opportunity to punish.
- the attempt
- the participation of people in the crime;
- the concurrence of crimes and the apparent concurrence of rules;
- the aggravating and attenuating circumstances;
- the sources and limits of the criminal law;
- the sanctioning system (penalties and security measures);
- the restorative justice;
- the liability for offenses of the entities.
Prerequisites for admission
Having passed the exams of Constitutional Law, of Institutions of Private Law I and of Institutions of Private Law II is a prerequisite for the examination of Criminal Law.
Teaching methods
The teaching focuses on the general part of criminal law. Only for attending students, teaching will also cover certain crimes in the Special Section, representing entire categories of offenses.
Teaching Resources
- G. Marinucci, E. Dolcini, G.L. Gatta, Manuale di diritto penale. Parte generale, XIII ed., Giuffrè Francis Lefebvre, 2024 (available July 2024);
- E. Dolcini, G.L. Gatta, Codice penale e norme complementari, IX ed., Milano, Giuffrè Francis Lefebvre, 2024 (available september 2024)
- E. Dolcini, G.L. Gatta, Codice penale e norme complementari, IX ed., Milano, Giuffrè Francis Lefebvre, 2024 (available september 2024)
Assessment methods and Criteria
The exam consists of an oral interview aimed at ascertaining the knowledge of the topics covered by the entire program of the course, as well as the acquisition of adequate language skills and the capability of reworking of the learned notions.
IUS/17 - CRIMINAL LAW - University credits: 15
Lessons: 105 hours
Professor:
Gatta Gian Luigi
Shifts:
Turno
Professor:
Gatta Gian LuigiSurname M-Q
Responsible
Lesson period
year
Course syllabus
The course focuses on the general part of the criminal law and will be divided into two parts.
(i) The first part will concern the themes illustrated in chapters I-VI of the textbook, and in particular:
- legitimation of criminal law; penalty functions;
- the fundamental principles of criminal law;
- the sources and limits of criminal law;
- the notion and systematics of the criminal offense;
- the criminal fact;
(ii) The second part will concern the topics illustrated in chapters VII-XVI of the textbook, and in particular:
- the unlawfulness and the justifications;
- culpability;
- the opportunity to punish;
- the attempt;
- the participation of people in the crime;
- the concurrence of crimes and the apparent concurrence of rules;
- the aggravating and attenuating circumstances;
- the sanctioning system (penalties and security measures);
- restorative justice.
- corporate criminal liability;
(i) The first part will concern the themes illustrated in chapters I-VI of the textbook, and in particular:
- legitimation of criminal law; penalty functions;
- the fundamental principles of criminal law;
- the sources and limits of criminal law;
- the notion and systematics of the criminal offense;
- the criminal fact;
(ii) The second part will concern the topics illustrated in chapters VII-XVI of the textbook, and in particular:
- the unlawfulness and the justifications;
- culpability;
- the opportunity to punish;
- the attempt;
- the participation of people in the crime;
- the concurrence of crimes and the apparent concurrence of rules;
- the aggravating and attenuating circumstances;
- the sanctioning system (penalties and security measures);
- restorative justice.
- corporate criminal liability;
Prerequisites for admission
Institutions of Private Law 1 and Institutions of Private Law 2 exams is a pre-requisite for attending Criminal Law final exams.
Attending students only will be allowed to take the mid-term partial oral test in Criminal Law, even before passing the Constitutional Law, Institutions of Private Law 1 and Institutions of Private Law 2 exams.
Attending students only will be allowed to take the mid-term partial oral test in Criminal Law, even before passing the Constitutional Law, Institutions of Private Law 1 and Institutions of Private Law 2 exams.
Teaching methods
During the lessons, the General Part of Criminal Law will be analysed in relation with the Special Part (i.e. with single criminal offences).
In order to better understand the practical application of the general principles and rules of Criminal law, students will be involved in the discussion of recent case-law. This method will encourage an autonomous re-elaboration of the concepts learned.
In order to better understand the practical application of the general principles and rules of Criminal law, students will be involved in the discussion of recent case-law. This method will encourage an autonomous re-elaboration of the concepts learned.
Teaching Resources
For the attending schoolars:
C.E. Paliero (a cura di), Il sistema penale, Giappichelli, 2024
For the others schoolars:
Choice between C.E. Paliero (a cura di), Il sistema penale, Giappichelli, 2024 or G. Marinucci, E. Dolcini, G.L. Gatta, Manuale di diritto penale. Parte generale, Giuffrè Francis Lefebvre, latest edition.
Preparation of the exam must be integrated with an up-to-date edition of the Italian Criminal Code. Recommended edition: Codice penale e norme complementari, a cura di E. Dolcini, G.L. Gatta, Giuffrè.
C.E. Paliero (a cura di), Il sistema penale, Giappichelli, 2024
For the others schoolars:
Choice between C.E. Paliero (a cura di), Il sistema penale, Giappichelli, 2024 or G. Marinucci, E. Dolcini, G.L. Gatta, Manuale di diritto penale. Parte generale, Giuffrè Francis Lefebvre, latest edition.
Preparation of the exam must be integrated with an up-to-date edition of the Italian Criminal Code. Recommended edition: Codice penale e norme complementari, a cura di E. Dolcini, G.L. Gatta, Giuffrè.
Assessment methods and Criteria
The exam consists of an oral interview aimed at evaluating the knowledge of the topics covered by the entire program of the course, the acquisition of adequate language skills and the capability of reworking of the learned notions.
At the end of the first semester, attending students will be enabled to take an oral test concerning the program carried out in the first semester.
The positive result of the mid-term partial test will allow to take the final exam only on the part of the program covered in the course in the second semester.
The first partial test reserved for attending students can only be taken once. The second partial test may be taken more than once and in any case no later than the December session of exam.
At the end of the first semester, attending students will be enabled to take an oral test concerning the program carried out in the first semester.
The positive result of the mid-term partial test will allow to take the final exam only on the part of the program covered in the course in the second semester.
The first partial test reserved for attending students can only be taken once. The second partial test may be taken more than once and in any case no later than the December session of exam.
IUS/17 - CRIMINAL LAW - University credits: 15
Lessons: 105 hours
Professor:
Scoletta Marco Maria
Shifts:
Turno
Professor:
Scoletta Marco MariaSurname R-Z
Responsible
Lesson period
year
Course syllabus
The course focuses on the general part of the criminal law and will be divided into two parts.
The first part, which will be the subject of discussion in the first half of the year, will concern the themes illustrated in chapters I-VI of the textbook, and in particular:
- legitimation of the criminal law; penalty functions;
- the fundamental principles of the criminal law;
- the sources and limits of the criminal law;
- the notion and systematics of the offense;
- the crime;
- the criminal fact.
The second part, which will be the subject of discussion in the second semester, will concern the topics illustrated in chapters VIII-XV of the textbook, and in particular:
- the unlawfulness and the justifications
- the culpability;
- the opportunity to punish.
- the attempt
- the participation of people in the crime;
- the concurrence of crimes and the apparent concurrence of rules;
- the aggravating and attenuating circumstances ;
- the sanctioning system (penalties, security measures, restorative justice);
- the liability for offenses of the entities.
The first part, which will be the subject of discussion in the first half of the year, will concern the themes illustrated in chapters I-VI of the textbook, and in particular:
- legitimation of the criminal law; penalty functions;
- the fundamental principles of the criminal law;
- the sources and limits of the criminal law;
- the notion and systematics of the offense;
- the crime;
- the criminal fact.
The second part, which will be the subject of discussion in the second semester, will concern the topics illustrated in chapters VIII-XV of the textbook, and in particular:
- the unlawfulness and the justifications
- the culpability;
- the opportunity to punish.
- the attempt
- the participation of people in the crime;
- the concurrence of crimes and the apparent concurrence of rules;
- the aggravating and attenuating circumstances ;
- the sanctioning system (penalties, security measures, restorative justice);
- the liability for offenses of the entities.
Prerequisites for admission
Having passed the exams of Constitutional Law, of Institutions of Private Law I and of Institutions of Private Law II is a prerequisite for the examination of Criminal Law.
Teaching methods
The General part of the criminal law will be placed in a continuous relationship with the Special Part (i.e. with the catalog of the offenses).
During the lessons, we will link the general part of the Penal Code with the different types of offences, through the study of case-law. In this way, the students will acquire the skills needed to apply the rules to factual situations.
During the lessons, we will link the general part of the Penal Code with the different types of offences, through the study of case-law. In this way, the students will acquire the skills needed to apply the rules to factual situations.
Teaching Resources
G. Marinucci, E. Dolcini, G.L. Gatta, Manuale di diritto penale. Parte generale, XIII ed., Giuffrè Francis Lefebvre, 2024.
An updated Penal Code is necessary. It is reccomended: Codice penale e norme complementari, a cura di E. DOLCINI, G.L. GATTA, 2024
An updated Penal Code is necessary. It is reccomended: Codice penale e norme complementari, a cura di E. DOLCINI, G.L. GATTA, 2024
Assessment methods and Criteria
The exam consists of an oral interview aimed at ascertaining the knowledge of the topics covered by the entire program of the course, as well as the acquisition of adequate language skills and the capability of reworking of the learned notions.
At the end of the first semester, attending students will be able to take an oral test concerning the program carried out in the first semester. The positive result of the partial test will allow to take the final exam only on the part of the program covered in the course in the second semester.
Both the first and the second partial test - reserved for attending students - can only be taken once.
At the end of the first semester, attending students will be able to take an oral test concerning the program carried out in the first semester. The positive result of the partial test will allow to take the final exam only on the part of the program covered in the course in the second semester.
Both the first and the second partial test - reserved for attending students - can only be taken once.
IUS/17 - CRIMINAL LAW - University credits: 15
Lessons: 105 hours
Professor:
Della Bella Angela Paola Anna
Shifts:
Turno
Professor:
Della Bella Angela Paola AnnaProfessor(s)
Reception:
on Tuesday from 14.30 p.m.
Dipartimento Cesare Beccaria