COMPARATIVE CRIMINAL PROCEDURE

Knowledge and understanding
The course is clearly aimed at providing students with a knowledge of the main key-issues related to criminal proceedings and at allowing them to acquire the “tools” needed to compare the features of different national justice systems, highlighting differences existing between common law and civil law systems. Combining lectures and seminars students deal with different patterns of responses, different philosophical underpinnings, institutional arrangements, operational policies and safeguards involving the criminal justice system in different national contexts.

Applying knowledge and understanding
The teaching method consists of lectures and seminars. Students are presented with cases and materials and could be required to participate actively by giving short presentations on specific topics. Such an approach is aimed at assessing and developing students’ abilities in analysing and discussing topics dealt with during the lessons.

The course is essentially aimed at acquiring the fundamental concepts that outline the structural differences between the various procedural systems, also in light of the dichotomy between the common law model and the civil law model. Thanks also to the integration of the frontal teaching with the seminar activity and the debates, the aim is to develop a deeper knowledge of common law proceedings through a reasoned analysis of the main lines of the English procedural system, of the judicial and forensic organization, of procedural stages and possible outcomes.

If the teaching is given in mixed or remote mode, they can be introduced the necessary changes with respect to what was previously stated, in order to comply the planned program and reported in the syllabus.

Aims and methods of comparative approach in criminal procedure. Constitutional values and procedural reforms in Europe. Prosecutor’s role and related powers in the inquisitorial system and in the adversary system . Police powers. The judge: recruitment and role. Negotiated justice and alternatives to criminal proceedings. English criminal process (Relevant legal framework regulating criminal proceedings. Key roles. Stages of proceedings and mode of trial. Summary trial. Trial on indictment. Rules of evidence. Verdict and sentencing. Appeals and post-appeal review of convictions).

AMODIO, Processo penale, diritto europeo e common law, Giuffrè, Milano, 2003, parte I, capp. I, II, da pag. 3 a pag. 74.

and

CHIAVARIO-DELMAS MARTY (a cura di), Procedure penali d’Europa, Cedam, Padova, 2001, pp. 11-40, 361-503, 624-662.

and

PATANE’, voce “Processo penale inglese”, in Enc. dir., Annali II, tomo I, Giuffrè, Milano, 2008, p. 744 – 779.