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, and hoe they interact. Under this viewpoint, attention will be paid to the major backlogs of the criminal justice, with specific attention to the 2022 reform. A particular focus will be on the issue of gender-based violence from the perspective of criminal justice reform, and it will be complemented by a broader European and international reflection including the violation of human and women's rights. Lawyers and judges will be heard live, and the course also includes guided visits to places where justice is administered daily.

Suggested handbooks (3 different approaches. The students can choose the updated version of the most compliant with their attitude. It is not possible to prepare for the exam personal notes or other materials pulled from the web, such as blogs or other non verified sources). 1) M. Bargis, Compendio di procedura penale, Cedam. 2) M. Chiavario, Diritto processuale penale, Giappichelli. 3) P. Tonini, Manuale di procedura penale, Giuffre'. the readings available on the dir platform for in-class discussion are part of the materials to be prepared for the exam.

Students will get proficient in in using the procedural language. This underpins 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, like deciding (or not) for a private investigation, bargaining a plea or lodging an appeal. 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, analyst and discuss in class decisions (both domestic and international) and literature.

Having succeeded in passing the Criminal Law exam

ATTENDING IN CLASS could help. 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. They are part of the material of the course. professionals in the field of criminal justice will be invited in the course. The students who will attend classes on a regular basis will be able to take part to several complement activities.

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 THE EXAM can be DIVIDED INTO TWO PARTS. PLEASE, MAKE SURE YOU ENROLL IN THE RIGHT ONE When the exam is divided into two parts, each part will encompass 2 questions. Students must get a positive grade in each part. The final grade will be composed by: mark for the first part; mark for the second part. Students who attend regularly both semesters will be allowed an extra-term exam, for the first part, in January, and for the second part, immediately after the end of the course. EXAM PROGRAMME (FIRST PART): GENERAL PRINCIPLES BOOKS 1, 2, 3, 4, OF THE CODE FOR CRIMINAL PROCEDURE EXAM PROGRAMME (SECOND PART): BOOKS 5, 6, 7, 8, 9, 10, 11 OF THE CODE FOR CRIMINAL PROCEDURE, LAY JUDGES' PROCEDURE (GIUDICE DI PACE), JUVENILE PROCEDURE, CORPORATE CRIME TRIAL.

1) Statutory sources (Echr, ICCPR, EuChFR, Italian Consitution, Code of Criminal Procedure, other statutes) 2) 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) - Evidence (general principles of evidence law, specific evidence) - Pre-trial detention and other coercive measures - Investigation and preliminary hearing (investigations, arrest, evidence anticipation, prosecution, the hearing, personal participation, the endings, the files) - special proceedings (different kind of proceeding, strategy in pleading a special proceeding, recent amendments by act 103/2017 - Trial (preliminary acts, evidence, discussion, amendment of charges, decision) - petty offenses trial - lay magistrate proceeding - Highlights on juvenile proceeding - Highlights on the company regulatory proceeding - Means of appeal (ordinary, extraordinary, final judgment) - Highlights on the enforcement of the final decision - Highlights on judicial cooperation in criminal matters. A particular focus will be on the issue of gender-based violence from the perspective of criminal justice reform, and it will be complemented by a broader European and international reflection including the violation of human and women's rights.

KNOWLEDGE proficiency in a) framing legal issues within b) either the international and domestic sources and c) case-law SKILLS a) mining search programs in institutional web sites and data base to find acts and decisions b) finding and consulting basic literature in the field c) exposing cases and solutions d) criticising decisions and literature