P. Tonini, Manuale di procedura penale, Milano, Giuffrè, 2019.
Learning Objectives
Knowledge: fundamental concepts, rules and functioning of the penal process.
Capacity: argumentative and reasoning based on the principles and rules of the criminal trial.
Skills: ability to perform the profession of jurist in the field of criminal trial.
Prerequisites
It is necessary to have passed the exam of Diritto costituzionale generale, Diritto
privato I, Diritto penale
Teaching Methods
Frontal lessons; exercises and in-depth studies on specific issues of particular relevance with the help of judgments of the EU Court, of Court constitutional and Supreme Court.
Further information
Type of Assessment
The exam usually takes place in oral form and consists of at least three questions related to different topics.
The first question is of a general nature, in order to allow the student to demonstrate knowledge of the founding principles of the criminal procedural system and the ability to establish connections between the various legal instruments.
The other questions are more precise and aim to verify the knowledge of the entire program.
The ability to adequately refer to the topics covered and the materials examined during the lessons will also be evaluated.
It will also be possible to agree with the students on a written exam, intended to replace, in whole or in part, the oral exam.
Course program
Criminal jurisdiction in the constitutional system: individual rights and due process. Relationship between criminal law and trial. Procedural models. International conventions and criminal trial.
Procedural issues and their respective functions. Jurisdiction and jurisdiction.
Accusation, defense, criminality and definition of a civil party.
Procedural acts: types and system of invalidity with particular reference to
the inadequacy of the former art. 191.
General test rules.
Distinction between means of proof and means of searching for evidence; the discipline of some means of proof.
Structure of procedural dynamics: phases and degrees. Phase of the preliminary investigations: beginning, general rules, subjects, activities of the police and the public prosecutor, faculties and rights of the person under investigation and guilty. Final measures of preliminary investigations (deposit or request for evidence).
Preliminary hearing: functions, execution and final decision.
Precautionary measures that limit personal freedom and remedies against such measures (review request).
Special proceedings with particular regard to alternative proceedings to the trial.
Judgment phase: admission of the proof and its employment; decision-making activity of the judge and sentencings.
The appeals: classification, general rules, profiles of the appeal before the Court of Appel and the Supreme Court.
The final judgement and the preclusive effect of the ne bis in idem.