Ateneo - UPO

The course aims to introduce students to the fundamentals of Criminal Law and the constitutional principles of European and supranational justice, to which the definition and application of its principles should be inspired. The course aims at dealing with criminal issues and principles not only in strict connection with the fundamental constitutional principles but also within an interdisciplinary setting of an ‘integrated’ criminal framework, i.e. studying legal concepts with the associated empirical, social and criminal sciences.

Students that attended the course regularly are expected to prepare the exam on the basis of lecture notes, and, in particular for those topics not covered during the lectures, they should refer to the following text Marinucci-Dolcini-Gatta, Manuale di Diritto penale, Giuffrè, 2022 In addition to the integral study of the mentioned manual, non-attending students have to study thoroughly the following volume: F. STELLA, Giustizia e modernità. La protezione dell'innocente e la tutela delle vittime, Giuffrè, 2003 or the volume Fiandaca, Giustizia penale e dintorni, Zanichelli, 2022

The course aims to introduce students to the fundamentals of Criminal Law and the constitutional principles of European and supranational justice, to which the definition and application of its principles should be inspired. Particular attention is given to jurisprudence

Prerequisite for a fruitful course attendance and successful completion of the exam is an appropriate knowledge of the constitutional law. In addition, for a better understanding of the issues connected to the fundamentals of criminal liability, students’ knowledge of historical legal concepts and of the philosophy of law may be useful, in addition to mastery of the Italian language.

Oral lesson and discussion about jurisprudential cases

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.

oral exam

FIRST PART – Criminal policy and criminal dogma. – The idea of 'integrated criminal science' and the relationship between criminal law and criminology. – Fundamental issues and principles of the criminal system. Legality and subsidiarity of criminal law. – The protection of the innocent and the safeguarding of victims. – The interpretation of criminal law, legal positivism and strict interpretation. – Legal interests and the principle of offensiveness. – The theory of punishment. SECOND PART – Criminal law in totalitarian, authoritarian and liberal-democratic States: the principles on criminal law enshrined in the Italian Constitution and international conventions. – The effectiveness of criminal law over time: technological, scientific and social evolution, and the evolution of criminal laws through the centuries. – Relationship between substantive law and the law of evidence, in particular the relationships between criminal law on the one hand and civil law, civil procedure and administrative law on the other. – Rules of evidence in criminal and civil trials. – European and International developments in criminal law. – Globalisation and the principles of territoriality and universality. – The structure of crime. – The classic notion of criminal law events: harm and risk of harm. – Main distinctions among the various types of crime. – Substantive law and judicial evidence of the elements of a crime. – Criminal law and scientific knowledge. – Causation. – Intention. Negligence. Defences. Vicarious liability. – Error of fact and error of law: the relationship between authority and liberty. – Strict liability. – The circumstances of the offence. – Attempted crimes. – Concurrent offences. – Complicity in a crime. – Administrative offences and corporate liability for crimes.

At the end of the course students are expected to have acquired an appropriate knowledge and understanding of the principles, institutions and methods of the so-called general part of criminal law in order to be able to analyse and contextualise the “special part” regulations and apply them to an essential judicial case study. Particularly significant in the intended learning outcomes is the improvement of the students’ use of the language, not only the technical-legal one, as well as their ability to understand – within a transdisciplinary scenario – the ethical, social, and cultural implications of the different regulatory and sanctioning options and solutions discussed. Thanks to frequent invitations to debate, practical exercises, and opportunities to experience real institutional and professional situations, students are expected to improve their communication and relational skills.