10536 - Law of Criminal Procedure

courses

ID:

10536

Duration (hours):

60

CFU:

SSD:

DIRITTO PROCESSUALE PENALE

Year:

2025

Date/time interval

Secondo Semestre (23/02/2026 - 07/05/2026)

Course Objectives

The course has as its object the study of the discipline of the criminal trial, as it results from the current text of the criminal procedure code (and from the related implementing provisions), against the background of the principles enshrined in the Constitution and in the international charters of human rights of criminal justice. The student is able and is required to acquire 1) knowledge of the sources of criminal procedural law; 2) the ability to autonomously orient oneself among them by identifying the reference legislation; 3) the ability to interpret the single provision also in the light of the superordinate principles; 4) properties of language and expressive abilities in the double written and oral declination.

Course Prerequisites

For an ordinary understanding of the subject, a good knowledge of the Italian language is required, as it should derive from a secondary school attended with good results, as well as normal logical skills. It is then necessary to have studied and understood general theory and constitutional law; the examination of criminal law is also preparatory to the study of criminal procedure.

Teaching Methods

= The course takes place through lectures and through seminar meetings that also take place with the presence of operators in the sector; students are involved in a written exercise consisting, as a rule, in a topic on a known topic and after reading in depth; the final correction is the occasion for some reflections on the argumentation technique; during the course students are also asked to present orally, in special seminar spaces, part of the program with the aim of consolidating their new knowledge as a function of the written exercise or oral exam.

Assessment Methods

The oral examination tends to ascertain the correctness of the legal language; knowledge of the subject with regard to the topics covered in class; the ability to independently learn any manual in-depth studies; the assumption of the ability to place individual procedural institutes in the broader context of the principles

Texts

M. BARGIS, Compendium of criminal procedure, 11th ed., WoltersKluwer Cedam, 2023, chapters I-III and V-VII.

In any case, it is important to use a Code of Criminal Procedure updated with the most recent legislative innovations and with references to constitutional jurisprudence.

The contents of the course - which will be carried out according to a predominantly institutional perspective and is obviously intended to be completed by the teaching of Part 2 of Criminal Procedure - can be summarized as follows: 1. Concept of criminal trial. The criminal trial in its historical evolution. Inquisitorial system and accusatory system. 2. The constitutional principles relating to the criminal trial, the notion of "fair trial" and the guarantees established in international conventions. 3. The law-delegation of 16 February 1987, n. 81, and the basic choices of the criminal procedure code. 4. The subjects and the acts of the procedure. 5. The evidence. 6. The preliminary investigations and the preliminary hearing. 7. The special proceedings. 8. The first instance judgment.

Course Language

Italian

More information

For students who certify that they are in one of the conditions envisaged by the University and who are unable to follow the teaching activities in person, professors and tutors are available for specific orientation and substitute teaching meetings, including online, according to the needs of the individual student. In the same cases, students who request it will always be able to take the exam online. Furthermore, any specific learning difficulties could also be compensated by a simplification of the program agreed with the teacher.