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. 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.

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. For information on services for disability: https://www.uniupo.it/it/servizi/servizi-studenti-disabili-e-dsa

- 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

Develop an in-depth analysis and critical analysis of legislation and reference jurisprudence concerning Criminal Procedure.