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 PROCEDURE (IUS/16)
Language: 
Italian
Credits: 
14
Year of study: 
4
Teachers: 
Cycle: 
Second semester
Hours of front activity: 
112

Language

Italian

Course description

The teaching deepens the dynamics of the criminal process and the subjects of it, so as to provide the student with adequate preparation in the specific field, to be able to address the different tasks of the lawyer, in particular the legal professions and the judiciary.
For this purpose, the manual study is flanked by the reading of the rules contained in the penal code and in the complementary laws, to accustom the student to use normative tools useful to resolve the problems of the trial.
Specific training objectives are therefore the knowledge and understanding of the characteristics of the criminal process and of the fundamental principles that sustain it, as well as the acquisition of appropriate skills on the concrete methods of carrying out the same.
A fundamental step in this formative path is, besides the deepening of the normative code, the critical study of jurisprudence, also in the community.
The aim is to contribute to the formation of jurists able to work also in the international judicial field, which represents an indispensable moment to stimulate in the student an autonomy of evaluation and judgment.
In this perspective, the course will be characterized by theoretical lessons and a comparison with lawyers and professionals in the analysis of practical cases or in the study of jurisdictional measures, to verify the ability to apply knowledge and understanding, formulating original interpretative solutions to be shared through adequate communication skills.
At the end of the course, attending students are invited to attend a criminal trial hearing, during which they will be able to ascertain the application of the procedural rules learned and which will then comment in the classroom, thus developing autonomy of judgment and ability to apply knowledge and comprehension.
The legislation on the criminal liability of legal persons will also be examined in depth, completing the student's training and also preparing him to face a business working environment.
Specifically, the course aims to acquire the following skills and abilities:
I) Knowledge, ability to understand and ability to apply knowledge and understanding:The course offers tools to understand the general discipline of the criminal trial and of the single procedural institutions, in light of the doctrinal and jurisprudential evolutions, as well as of the internal and European regulations.
The course is characterized by a critical and practical approach.
II) Autonomy of judgment:Such a methodological approach, the study of the disciplines, the jurisprudence and the doctrinal theses aim to stimulate in the student autonomy of judgment and ability to critically interpret the legal texts, in order to identify concrete solutions appropriate to the interests at stake.
III) Communication skills:The consultation of norms and sentences, the reflection and discussion on the various theses proposed in doctrine favors the acquisition of an adequate legal language and the development of dialectical and argumentative capacities.

Prerequisites

In order to take the exam you must have already passed the exam (preliminary) of Criminal Law

Syllabus

MODULE A
General part:
The normative, constitutional, international and ordinary sources of criminal procedural law, with particular reference to the CEDU - Constitutional principles and the "due process". Accusatory and inquisitorial system
The subjects: - The judge and the criminal jurisdiction.
The implementation of the constitutional principles of the preconstitution and the naturalness of the judge.
The accused. - The defender and the right of defense. - The injured person and the civil part.
Acts, terms and nullity.
The right to the proof.- Means of proof and means of research of the test. - The evidential procedure and its phases.
The protection of personal freedom: Preclusive measures and personal and real precautionary measures.
The appeals.
The dynamics of the ordinary procedure from the news of the crime to the first degree sentence: The news of the crime.
The conditions of procedure. - Preliminary investigations.- Preliminary hearing.- Ordinary judgment.
Special proceedings
The proceedings before the Tribunal in monocratic composition.
The procedure to ascertain the liability of institutions.
The juvenile criminal trial.
The ordinary and extraordinary appeals.
The judged and the criminal execution
MODULE B
Special part:
The procedure to ascertain the liability of institutions.

MODULE A - General part (104 Hours):
The normative, constitutional, international and ordinary sources of criminal procedural law, with particular reference to the CEDU - Constitutional principles and the "due process". Accusatory and inquisitorial system (10 HOURS)
The subjects: - The judge and the criminal jurisdiction.
The implementation of the constitutional principles of the preconstitution and the naturalness of the judge.
The accused. - The defender and the right of defense. - The injured person and the civil part(16 HOURS)
Acts, terms and nullity (4 HOURS)
The right to the proof.- Means of proof and means of research of the test. - The evidential procedure and its phases (10 HOURS)
The protection of personal freedom: Preclusive measures and personal and real precautionary measures -
The appeals. (7 HOURS)
The dynamics of the ordinary procedure from the news of the crime to the first degree sentence: The news of the crime.
The conditions of procedure. - Preliminary investigations.- Preliminary hearing. - Ordinary judgment (20 HOURS)
Special proceedings (12 HOURS)
The proceedings before the Tribunal in monocratic composition (3 HOURS)
The ordinary and extraordinary appeals (5 HOURS)
The judged and the criminal execution (3 HOURS)

MODULE B - Special part (4 HOURS):
The procedure to ascertain the liability of institutions.

Teaching Methods

Frontal lessons.
Participation in seminars and workshops.
Participation in a hearing

Textbooks

Recommended texts:
MOD. A:
AA.VV., Manuale di procedura penale, Giappichelli, Torino, 2017, until Part XV excluded.
MOD. B:
A. TRAVERSI - S. GENNAI, Diritto penale commerciale, Padova, CEDAM, Ult.Ed., pp. 247-272.

It is essential to use the most recent edition available on the market of the penal procedure code.

Learning assessment

The verification test is oral.
The test will focus on the main topics covered during the course, in particular:
1/2 questions on the static part (subjects, deeds, tests); 2/3 questions on the dynamic part (from the news of crime to appeals, precautionary measures, special proceedings); 1 question on the special part.
As part of the course, the teacher will evaluate the opportunity to make a test for the verification of the preparation reached.

More information