Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2016/2017
Belonging course: 
Course of 5-year Single Cycle Master's Degree Programme on GIURISPRUDENZA
Location: 
Napoli
Disciplinary sector: 
CRIMINAL LAW (IUS/17)
Language: 
Italian
Credits: 
15
Year of study: 
3
Teachers: 
Cycle: 
Second semester
Hours of front activity: 
120

Language

Italian

Course description

- Knowledge and understanding:
The course is structured in two parts, a general part of the study of the historical and political evolution of criminal thinking and the fundamental principles of criminal law and a special section focusing on the analysis of the main crimes against property and the public administration. The course aims to provide students with the right coordinates to understand and interpret modern criminal thinking and its future evolution.
- Ability to Apply Knowledge and Understanding:
The pragmatic imprint of the course is aimed at providing the student with an overview of the discipline. For this purpose, they will be analyzed paths and interpretative mechanisms that are valid not only for the future exercise of the traditionallegal professions, but also to ensure the acquisition of knowledge useful for the future development of any other type of profession in the legal field and, in particular, in enterprise field.
- Judgment autonomy:
Knowledge and understanding of criminal law will enable the student to devise his own assessments and judgments on concrete cases and controversial issues.
- Communication skills:
Part of the course involves critical and interactive analysis of selected material about significant legislative reforms or relevant jurisprudence decisions.During these lessons students are given the opportunity to debates, outlining possible solutions to the cases presented. This didactic approach enables students to acquire and refine technical language and communication skills
- Learning Skills:
The technical and cognitive tools provided throughout the course will prove to be useful and valuable to undertake higher and more advanced level studies or, in any case, to better fulfill future legal professions.

Prerequisites

none

Syllabus

General section
1. THE CULTURAL AND INSTITUTIONAL CRIMINAL LAWS. 2. CRIMINAL LAW AND STATUS OF LAW. Criminal system and punitive system. Criminal punishment. The principle of legality and its corollaries. Lawfulness, tassativity and determination, irretrievability, materiality. Principle of legality and functions of punishment. Effectiveness of the criminal law in space. Personal Limits to Obligation of Criminal Law. 3. ANALYSIS OF THE REATO. The general doctrines of the offense. 3.1. The fact is: the structure of the typical and painful fact. 3.2. The offense was commissive and omissive. 3.3. The general causes of exclusion of the typical fact. 3.4. Antigravity: The causes of justification and other causes that exclude the punishment of the typical fact. 3.5. Guilty: The principle of guilt in the constitutional perspective. Culpability in the structure of the offense. Guilt and Punishment Functions. 4. THE REASON FORMATION FORMS. 4.1. The criminal offense. 4.2. The crime was attempted. 4.3. The contest of people in the crime. 5. THE COMPETITION OF REATI AND THE COMPETITION OF NORMS. 6. PENALTIES. Functions and typologies of punishment. The criteria for committing the punishment. Performing and replacing the penis. The hypotheses of non-application, suspension, modification and extinction of the punishment. Other legal consequences of the offense. Security measures and prevention measures.
Special section
1. Crimes against property; 2. Crimes against Public Administration.

The course, divided into two sections, aims to provide students with the theoretical concepts of criminal law and the instruments for the interpretation of criminal law. In the general section (72 hh) will be thoroughly outlined the fundamental principles, the general theory of offenses and all the institutions envisaged in the general part of the Criminal Code. In the special section (48 hh) will be investigated the most important crimes against property and public administration.

Teaching Methods

Traditional

Textbooks

General section:

- C. FIORE - S. FIORE, Diritto penale, Utet, ultima edizione, or
- F. PALAZZO, Corso di Diritto penale, Giappichelli, ultima edizione, or
- G. FIANDACA - E. MUSCO, Diritto penale, parte generale, ultima edizione.

Special section:

G. FIANDACA–E. MUSCO, Diritto penale, Parte speciale, Vol. I, Bologna, Zanichelli, ultima edizione, pp. 155-257 e 266-272 e addenda di aggiornamento;

F. MANTOVANI, Diritto penale. Parte speciale, vol. II, I delitti contro il patrimonio, Padova, Cedam, 2016, pp. 1-127 e 185-240.

N.B.
There are no texts in English, because the program concern the national legislation. Anyway, the professor is available to interact with students in English and help them with understanding and traductions of the italian texts.

Learning assessment

The acquisition of the expected learning outcomes is done through a single final exam, consisting of an oral exam, in which it will be evaluated:
- the degree of learning of general and special topics;
- the ability to read texts and jurisprudence;
- the logical capacity of legal argument;
- the acquisition of an appropriate linguistic baggage that enables them to express their full capacity for judgment and future learning.

More information

Lectures are in Italian. Anyway the professor is available to interact with student in English, also during the examination