The course aims at allowing the student to acquire knowledge of the discipline of the criminal trial, with a particular focus on the moment of formation of evidence. The student, who will be called to operate in various work contexts, must acquire knowledge of the rights and guarantees due to the individual protagonists of the process as well as of the protection tools that can be activated in front of criminal actions
Course Prerequisites
The course of Criminal Law is propaedeutic to the course of Elements of Criminal Procedure and Trial Evidence Law.
Teaching Methods
Lectures. Oral or written exercises. Especially in the second part of the course, the critical examination of the legislation is supplemented by the analysis of concrete cases.
Assessment Methods
Learning is verified through an oral exam aimed at ascertaining the achievement of the educational objectives of the course. However the student who actively participates in the lessons can take written or oral exercises in substitution of part of the credits of the final exam
Texts
M. Bargis, Compendio di procedura penale, 11th ed., Padua, WoltersKluwer - Cedam, 2023, chapters III and V-VII. Additional material (judgments, other procedural documents), useful in order to enable an active participation in lessons by students, as well as for the preparation of the exam, will be distributed in class. In any case, the use of a criminal procedure code updated with the most recent legislative innovations and with references to constitutional jurisprudence is essential.
Contents
The course is divided into an institutional part and a special one. The first part aims to provide the student with the essential elements of knowledge and understanding of the phenomenon of the criminal trial through a preliminary identification of the main lines of the criminal procedural regulatory system and a more specific examination of the fundamental institutions, also in view of the principles enshrined in the Constitution and in the International Charters of Human Rights in Criminal Justice
The object of the special part is the study of the evidentiary procedure in the criminal trial, also seen in the perspective marked by the need for harmonization of systems in the European context. In particular, the general provisions on the subject of evidence, as well as the discipline of the single means of evidence and means for obtaining evidence, will be exposed in class and will be the subject of examination; moreover, in a dynamic perspective, the analysis will start from the preliminary phase, a time mainly dedicated to the research of evidence, continuing with the discipline for evidence-taking during the trial and with the treatment of the peculiarities of special proceedings. The critical examination of the discipline will subsequently be supplemented by the presentation to students of specific application issues, entrusted to magistrates and members of the Carabinieri Corps and done with reference to concrete cases.
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.