Criminal Procedural Law

The course aims to address, in the institutional lines, the current structure of the criminal proceedings, as it results from the Italian Code of Criminal Procedure, in its dimension regarding subjects, acts and evidence, the various stages of the proceeding, and with regard to precautionary measures.
Particular attention will be dedicated to the dynamic profile, and therefore: the sequence of the ordinary procedure (preliminary investigations, preliminary hearing, trial); the variants proposed by special proceedings (giudizio abbreviato, applicazione della pena su richiesta delle parti, giudizio direttissimo, giudizio immediato, procedimento per decreto, sospensione del procedimento con messa alla prova, ); appeals (appeal, appeal to the court in cassation). They will also be examined: res iudicata and its effects; post-conviction review (revision, extraordinary appeal in cassation, reversal of judgment in absentia; remedies for the execution of decisions of the European Court of Human Rights); Enforcement of judgments.
The course will be complemented by seminars, according to themes and procedures that will be shown at the beginning of the lessons.

MODULO 1 - first semester - lezioni: 56 ore

The course aims to address, in the institutional lines, the current structure of the criminal proceedings, as it results from the Italian Code of Criminal Procedure, in its dimension regarding subjects, acts and evidence, the various stages of the proceeding, and with regard to precautionary measures.

Programma MODULO 2 - second semester - lezioni: 42 ore

Particular attention will be dedicated to the dynamic profile, and therefore: the sequence of the ordinary procedure (preliminary investigations, preliminary hearing, trial); the variants proposed by special proceedings (giudizio abbreviato, applicazione della pena su richiesta delle parti, giudizio direttissimo, giudizio immediato, procedimento per decreto, sospensione del procedimento con messa alla prova, ); appeals (appeal, appeal to the court in cassation). They will also be examined: res iudicata and its effects; application to the European Court of Human Rights; post-conviction review (revision, extraordinary appeal in cassation, reversal of judgment in absentia); Enforcement of judgments.

The criminal trial: comparative models and constitutional principles - Criminal procedural law in space and time.
The procedural subjects: the judge; the public prosecutor; the person under investigation; the defendant; the civil party; the offended person; the civil responsible person; the person civilly obliged to pay the fine - The relations between criminal and civil proceedings.
The criminal procedural act - The species of invalidity: non-existence; nullity; unusability; inadmissibility.
Preliminary investigations.
Precautionary measures.
Precautionary measures.
Defensive investigations.
The preliminary hearing.
Special proceedings: the abbreviated trial; the application of the penalty at the request of the parties; proceedings by decree; the summary judgment; the immediate trial; the suspension of the trial with trial.
The general principles of pre-trial proceedings.
Pre-trial proceedings; the right to trial.
The trial phase; the evidentiary procedure; individual means of proof; the post-trial phase.
The proceedings before the monocratic court.
Proceedings before the Justice of the Peace.
Proceedings on administrative offences.
General principles on appeals: the individual ordinary and extraordinary means of appeal.
The criminal judgement. Enforcement and supervision.
Jurisdictional relations with foreign authorities.

The course aims to address, in the institutional lines, the current structure of the criminal proceedings, as it results from the Italian Code of Criminal Procedure.
The first part of the course will be dedicated to the following topics: - constitutional principles, models and sources of criminal procedural law - subjects - acts - evidence - precautionary measures.
The second part of the course will be dedicated to the following topics: - preliminary investigations - preliminary hearing - special proceedings - trial judgement - trial before the court in monochratic composition - appeals - res iudicata - enforcement of judgments.
The course will be complemented by the analysis of concrete cases and procedural documents.
For the program relating to the 9 CFU exam and for the transition to the master's degree course, the indications are published on the Ariel page.