Ateneo - UPO

The course will focus on the topics regulated by the Code of Criminal Procedure and by the other most relevant statutes. The first approach will be a general overview on criminal proceedings, with a further focus on specific matters and crucial issues. Firstly, the course will frame the Italian criminal proceeding within the international, European and (domestic) constitutional principles. Secondly, the course will focus on the subjects and the acts of the proceeding.

Suggested handbook: - M. Chiavario, Diritto processuale penale, Giappichelli, last edition; - G. Conso-V. Grevi-M. Bargis (a cura di), Compendio di procedura penale, Cedam, last edition; - P. Tonini, C. Conti, Manuale di diritto procedura penale, Giuffrè, last edition.

Students will get proficient in using the procedural language. This implies a previous strong comprehension of the procedural categories and taxonomies. Analyzing the interaction between the different subjects, along the whole proceeding, the students will grow familiar with some strategic choice. The knowledge of statutory law will be coupled with an practical approach to the main strategic issues; these skills will turn out to be useful during stages, pupilage and professional life. Students will be asked to read, analyse and discuss in class case law (both domestic and international) and literature.

Knowledge of Constitutional Law and Criminal Law is mandatory.

ATTENDING IN CLASS IS CRUCIAL (14 CFU - 105 hours). However, the students are invited to take part proactively, having previously read the relevant statutes. Acts, memoirs and decisions will be analyzed in class and further readings will be suggested and provided via webpage. Meetings will be organized at the Court of Novara to allow students to attend hearings for educational purposes.

Students are informed to read the Codice sistematico di procedura penale, edited by H. Belluta, M. Gialuz, L. Lupària, Giappichelli, last ed. Students with physical disabilities, Learning Disabilities or Special Education Needs can request specific services and tools via the Staff Sviluppo e Coordinamento Carriere e Servizi alle Studentesse e agli Studenti, consulting the University webpage: https://www.uniupo.it/en/services/servicesstudents-physical-or-learning-disabilities Students with disabilities, learning disabilities or special education needs, once they have contacted the University Staff, can refer to the tutor in charge of the course to define the examination modalities, concerning academic aspects.

Written exam with four questions with the same value at the end of the course (except for students with disabilities, DSA and BES for whom the University Staff requires the oral form). GRADES 30, 30 and praise EXCELLENT: The student demonstrates a comprehensive and detailed knowledge of the subject matter, expounds in a clear and structured manner, with excellent ownership of language, and is able to adequately grasp the evolving contours of legal institutions. 28,29 OPTIMUM: The student demonstrates a thorough knowledge of the subject matter, expounds adequately-though with minor gaps and/or inaccuracies-employs correct terminology, and is able to place legal institutions in their historical context. 25-27 GOOD: The student demonstrates adequate knowledge of the subject, although he/she does not fully explain the relevant aspects, sometimes does not express him/herself precisely, sometimes is unable to grasp all the elements of the regime of legal institutions and to place them in their context. 22-24 DISCRETE: The student demonstrates acceptable knowledge of the subject matter, sometimes fails to organize the exposition in a structured and coherent manner, denotes gaps and/or inaccuracies of both terminology and content, and struggles to place the institutes in the context of reference. 18-21 SUFFICIENT: The student demonstrates limited knowledge of the subject matter, has present the basic contents of the discipline, but denotes even significant gaps, expresses himself in a confused and unclear manner, and is often unable to place the institutes in the context of reference. INSUFFICIENT: The student demonstrates completely inadequate knowledge of the subject, does not have the basic content of the discipline in mind, expresses himself incorrectly and ignores technical terminology, and does not respond to questions put to him.

- Statutory sources (Echr, ICCPR, EuChFR, Italian Constitution, Code of Criminal Procedure, other statutes) - Impact of the sources in tailoring the Italian criminal proceeding (a scheme of the proceeding) - The subjects (Judge, Prosecutor, Police, Defendant, Parties civiles, victim, lawyer) - The acts of the proceeding (language, translation, forms, deadlines, notification, invalidity) - In particular: evidence (general principles of evidence law, specific evidence) - Investigation and preliminary hearing (investigations, arrest, evidence anticipation, prosecution, the hearing, personal participation, the endings, the files) - Trial (preliminary acts, evidence, discussion, amendment of charges, decision) - special proceedings (different kind of proceeding, strategy in pleading a special proceeding, recent amendments by act 103/2017 - petty offenses trial - lay magistrate proceeding - Highlights on juvenile proceeding - Highlights on the company regulatory proceeding - Means of appeal (ordinary, extraordinary, final judgment) - Pre-trial detention and other coercive measures - Highlights on the enforcement of the final decision - Highlights on judicial cooperation in criminal matters. Students attending the moot court will not need to prepare: - juvenile proceeding

Knowledge: The Criminal Procedure Law course aims to provide students with knowledge of the constitutional and institutional principles governing the Italian criminal process, the structure and function of the criminal judicial bodies, as well as the rules governing the different phases of proceedings — preliminary investigations, preliminary hearing, trial, special proceedings, appeals, and enforcement — identifying, for each institute, its systematic framework within the Code of Criminal Procedure, the main case-law orientations, and its connections with supranational sources (ECHR, EU Charter of Fundamental Rights) and the most recent legislative reforms. Competences: Students will acquire competences enabling them to understand the systematic logic of the criminal process as a tool for establishing facts while respecting defence guarantees and the right to a fair trial. The constant connection between procedural criminal law categories and applied practice will allow them to appreciate the significance these institutes hold in the interpretation and practical application of the rules, identifying elements of coherence as well as possible tensions between the needs of fact-finding, procedural efficiency, and the protection of the fundamental rights of the defendant and other parties to the proceedings. Skills: Understanding the criminal procedural system and its evolution will enable students to develop the ability to critically analyse a concrete case, to identify the procedural rules applicable to the different phases of proceedings, and to draft and argue procedural documents. They will also be able to navigate the complexity of current procedural issues, grasping the normative, constitutional, and case-law references underlying the different interpretative and applied solutions. In order to achieve the knowledge and competences corresponding to the minimum passing level, students are required to demonstrate that they: know the fundamental constitutional and institutional principles of criminal proceedings (Article 111 of the Constitution, the principle of adversarial proceedings, the presumption of innocence, the reasonable length of proceedings); know the essential structure and sequence of the phases of criminal proceedings (preliminary investigations, preliminary hearing, trial); know the fundamental features of the criminal judicial bodies and their respective competences;
are able to place a procedural institute within its systematic framework in the Code of Criminal Procedure. To achieve an advanced level, students must demonstrate that they: are able to critically analyse the institutes; are able to independently assess the tensions between the need for fact-finding, procedural efficiency, and the protection of the fundamental rights of the defendant and other parties, providing a well-reasoned argument in support of their position; are able to present their conclusions clearly, logically, and with critical grounding, including in relation to the most recent legislative reforms and the related case-law orientations.