CRIMINAL PROCEDURE M - Z

The course of criminal procedural law is structured in such a way as to allow the student to acquire knowledge and understanding skills aimed at assimilating the basic legal rules of criminal proceedings. The course program leads the student to a gradual mastering the principles of the current penal process system and of the fundamental institutes that are proper to him. The program helps to develop the ability to criticize, interpret and analyze the law, refining the hermeneutical tools through which it becomes possible to know the rationale and the patterns that govern a criminal trial. During the course, particularly meaningful case law will be analyzed and discussed in classes, in relation to the issues dealt with during the course, so as to put the student in the condition of understanding the concrete modalities and the forms in which are translated in practice what has been studied and learned. This activity is generally accompanied by the possibility of assisting to the one or more hearings (mainly concerning trials assigned to the Assizes Court).

The training objectives will be pursued through lectures and case studies. The expected results will be evaluated both trough a mid term test and the final exam.

Should teaching be carried out in mixed mode or remotely, it may be necessary to introduce changes with respect to previous statements, in line with the programme planned and outlined in the syllabus.

Learning assessment may also be carried out on line, should the conditions require it.

Subjects involved in criminal proceedings. Acts. Evidence. Pre-trial measures. Preliminary investigations. Investigations carried out by the defence lawyer. Preliminary hearing. Special proceedings. Proceedings dealt with by the justice of the peace. The trial. Challenging a court's decision. Res judicata and remedies to refer back the case to the court. Instiution and organization of the judiciary system

SIRACUSANO – GALATI – TRANCHINA – ZAPPALÀ, aggiornamento a cura DI CHIARA G.- PATANE' V.-SIRACUSANO F., Diritto processuale penale, Giuffrè, Milano, 2018, vol. unico, (with the exclusion of pp. 907-1046)

or

CONSO-GREVI - BARGIS, Compendio di procedura penale, 10ª ed., Wolters Kluwer - Cedam, 2020 (with the exclusion of chap. XI, XII, XIV).

or

CHIAVARIO, Diritto Processuale Penale, 8ª ed., UTET, 2019, (with the exclusion of chap from XXXVI to XXXXII)

It is required for students to know the legislative changes brought about after the edition of the recommended textbook.

Mid term test

Relevant features of criminal proceedings. Subjects involved in criminal proceedings. Acts. Evidence. Pre-trial measures.

SIRACUSANO – GALATI – TRANCHINA – ZAPPALÀ, aggiornamento a cura DI CHIARA G. - PATANE V. '- SIRACUSANO F., Diritto processuale penale, Giuffrè, Milano, 2018, vol. unico, da pag. 1 a pag. 406

N.B. It is required for students to know the legislative changes brought about after the edition of the recommended textbook.