SCIENZE DELLA PREVENZIONE III

Module DIRITTO PROCESSUALE PENALE

Understanding and Learning Ability

The course aims to provide students with adequate knowledge and critical interpretative skills to understand the fundamental notions of criminal procedure, with particular reference to the constitutional principles governing criminal proceedings, the stages of the procedure, the procedural parties, and procedural acts of police.

Application of Gained Knowledge

Knowledge of the core institutions of criminal procedure is primarily aimed at enabling students to apply procedural rules to concrete cases, allowing them to address and resolve legal issues arising in the conduct of criminal proceedings. Learning objectives will be pursued through frontal lectures, during which students will be required to analyse practical cases, procedural documents, and situations drawn from judicial practice, especially concerning investigative issues.

Autonomy of Judgment

The course aims to develop students’ autonomous critical evaluation skills with regard to the function of the criminal process as a system balancing fact-finding requirements, the protection of fundamental rights, and the proper exercise of prosecutorial powers, fostering an understanding of the complexity of criminal justice. Particular attention is devoted to the interaction between investigative activities and procedural guarantees.

Communication Skills

The topics and structure of the course are designed to enable students to acquire appropriate communication skills in the field of criminal procedure, including the correct use of legal terminology and the ability to clearly and coherently explain the rules and stages of criminal proceedings.

Learning Skills

The course provides methodological tools (mainly the study of provisions in the code of criminal procedure) aimed at developing the learning skills specific to the study of the fundamental principles and the core institutions of criminal procedure. Through the development of legal reasoning, students will be able to autonomously apply their knowledge and address criminal justice issues, including from an interdisciplinary perspective.

Basic criminal procedural notions and the constitutional framework. The actors of criminal proceedings, with particular attention to judicial police. Preliminary investigations. Activities on the initiative of the judicial police. Delegated acts. Inspection and surveillance activities. Sample analysis and guarantees for the person concerned. Hearsay evidence from judicial police officers and agents. Proceedings against legal persons for administrative liability resulting from a crime.

It is recommended consulting Siracusano-Galati-Tranchina-Zappalà, Diritto processuale penale, Giuffrè 2023.

The teacher may provide further study material during the lectures.

Oral assessment.

The following evaluation criteria will apply (according to 'Delibera Consiglio CdS' 17 september 2018):

• coherence between answers and questions
• quality and clarity of answers
• ability to connect with other subject matter
  
• ability to make examples
• command of legal language
  
• ability to explain what has been learned
• familiarity with laws and regulations.

- The adversarial and inquisitorial models

- The cross-examination

- The principle of orality/immediacy

- Activities on the initiative of the judicial police

- Activities of the public prosecutor

- Delegated acts

- Inspection and surveillance activities

- Sample analysis and guarantees for the person concerned

- Hearsay evidence from judicial police officers and agents 

- Proceedings against legal persons