P. TONINI e C. CONTI, Il diritto delle prove penali, 2^ ed. Giuffrè, Milano, 2014.
AA.VV., Processo mediatico e processo penale. Per un’analisi critica dei casi più discussi da Cogne a Garlasco, a cura di C. Conti, Giuffrè, 2016.
Learning Objectives
The course aims at introducing the evidence rules, which is really a sort of sub-proceedings in the criminal trial.
We intent to explain the ratio of legal rules, depending also on the framework they are part of.
Furthermore, we intent to explain how to deal with the major legal issues which emerge about the matter of evidence. Students will be able to critically value the major issues that arise in relation to the evidence. Moreover, they will be able to apply the principles of criminal procedural law contained in the Constitution and the guarantees provided by international Conventions related to personal rights.
Prerequisites
For exam the student must have passed: General Constitutional Law, Private Law I, Criminal Law I; Criminal procedure.
Teaching Methods
Lectures
Further information
None
Type of Assessment
The exam will be in oral form and will focus on the entire program. Its main objective will be to assess student's ability to present the issues related to evidence (in trial).
The student will be required to address critically the most complex issues and to widely explain the logical steps of the proposed solutions.
Course program
The course will cover the matter of evidence, which is one of the most fascinating and complex matters of criminal procedure. The full understanding of the subject requires, in addition to basic knowledge acquired during the institutional course on Criminal Procedural Law, a thorough study of the rules governing the determination of the fact. We will analyze the fundamental principles of criminal trial with particular reference to the constitutional reform of “due process” and to the so-called “principio dispositivo attenuato”, which is typical of the Italian system. Furthermore, we will address the basic steps of the judiciary syllogism and of probative inference, the principle of free persuasion, the reasonable doubt as rule of evidence and of judgment.
The central part of the course will cover common features and singularities that characterize the declarative and scientific evidence. Moreover, there will be lessons about the major judicial cases of the last years in terms of scientific evidence: Cogne and BPA, Garlasco, Perugia, Via Poma.
We will dedicate a special focus on new scientific technologies and on atypical evidences: of them we will discuss the limits resulting from the exclusion rules. In view of the need to adapt Italian legislation to the dictates of the European Convention on Human Rights, as interpreted by the relevant Court, the last part of the course will focus on the discipline of the statements made out of the cross examination and how the exclusionary rule works on them. In order to envisage a comprehensive overview of the subject, considered also in terms of living law, the teaching method will consist in a critical examination of positive discipline and of relevant jurisprudence. There will be a visit to the laboratories of the Scientific Police of Florence and the participation in a hearing at the Constitutional Court.
P. TONINI e C. CONTI, Il diritto delle prove penali, ed. Giuffrè, Milano, 2014.
The program for students who will attend the course will be given at lesson. The notes taken during the lesson will be part of the program.
The program for students who won't attend the course is the following:
P. Tonini e C. Conti, Il diritto delle prove penali, 2^ ed., Milano, 2014:
-Introduzione;
-Cap. I.
-Cap. II,
eccettuato par. 6, lettere h, i, l;
eccettuato il paragrafo 8;
-Cap. III eccettuati: parr. da 2 a 8;
eccettuato par. 14, lett. e ed f;
eccettuati parr. 15 e 16;
-Cap. IV eccettuati i parr. da 1 a 4 e i parr. da 7 a 9;
-Cap. V eccettuati par. 7-9; par. 13; par. 17.
Aa.Vv., Processo mediatico e processo penale. Per un’analisi critica dei casi più discussi da Cogne a Garlasco, a cura di C. Conti, Giuffrè 2016, limitatamente ai contributi di C. Conti, P. Tonini e Diletta Signori, F.M. Iacoviello.