Ateneo - UPO

The subject of the course is the study of criminal law and the criminal process in Rome, from the city's origins to the late ancient age, with particular attention to the evolution of criminal law in the context of Roman constitutional history, noting the influence exerted in the various eras by political power in the identification of crimes and offenses, the determination of penalties and the different types of trials.

Bernardo Santalucia, Diritto e processo penale nell'antica Roma,
latest edition, Giuffrè Editore, Milan, in all its parts, none excluded, plus lecture notes and material available on the course DIR page.

The course is aimed at helping students understand how a state entity, from its inception, must identify which acts to consider as torts and the ways of sanctioning them, with the determination of punishments and the different types of process, taking into account the existing correlation, in Roman legal history, between the form of state government and criminal repression. Students should be able to contextualize the various figures of torts and the different types of trial in the historical contexts of reference, having in mind the most relevant evolutionary profiles, based on a critical and conscious approach to the legal and literary sources in our possession.

Passing the Institutions of Roman Law exam.

Frontal teaching.
Frontal teaching is inclusive of exercises that provide for the active participation of students in the learning process of the subject, through the stimulation of the development of a critical and autonomous spirit.

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/services-
students-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, with at least four questions, including one on the archaic period, one on the preclassical period, one on the classical or post-classical period, and one on capital punishment.
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.

The beginnings of criminal repression; the development of criminal trial and the laws "de provocatione"; the law of the twelve tables; the development of "iudicia populi" and the "quaestiones extraordinariae"; the "quaestiones perpetuae"; Augustus' reforms and the "cognitio extra ordinem"; the criminal repression in late empire; the death penalty.
Topics attributable to the issues of language and gender equality will be addressed in the treatment of the crimen adulterii.

Knowledge: the course in the History of Roman Law is aimed at enabling students to achieve knowledge of Roman law and criminal process from the birth of the city to the late ancient age.
Skills: students will be able to relate the birth and evolution of the various figures of torts and the different types of trial to the political-constitutional frameworks of reference, based on a critical and informed approach to the legal and literary sources in our possession.
Ability: Students will be able to compare the various figures of torts and different types of trial, with the criminal rights and trials of the medieval, modern and contemporary ages.