Menù principale
B026858 - PENAL LAW I
Main information
Teaching Language
Course Content
Suggested readings
Learning Objectives
Prerequisites
Teaching Methods
Further information
Type of Assessment
Course program
Sustainable Development Goals 2030
Academic Year 2023-24
Course year
First year - Second Semester
Belonging Department
Legal Sciences (DSG)
Course Type
Single education field course
Scientific Area
IUS/17 - CRIMINAL LAW
Credits
12
Teaching Hours
72
Teaching Term
26/02/2024 ⇒ 31/05/2024
Attendance required
No
Type of Evaluation
Final Grade
Course Content
show
Course program
show
Lectureship
- Part A MARTIELLO GIANFRANCO
- Part A SUCHAN PIETRO
- Part A SUCHAN PIETRO
- Part B CINGARI FRANCESCO
- Part C BARTOLI ROBERTO
- Part D COLUCCI CLEMENTINA
- Part D PAONESSA CATERINA
- Part D SUCHAN PIETRO
- Part E LAVACCHINI MARTA
- Part F FLORA GIOVANNI
Teaching Language - Part A
Italian
Teaching Language - Part B
Italian
Teaching Language - Part C
Italian
Teaching Language - Part D
Italian
Course Content - Part A
The course deals with the "General Part" of Criminal Law, which is divided
into three major thematic chapters: sources of criminal law; general
theory of the crime; sanctioning consequences of the crime
into three major thematic chapters: sources of criminal law; general
theory of the crime; sanctioning consequences of the crime
Course Content - Part B
The course deals with the "General Part" of Criminal Law, which is divided
into three major thematic chapters: sources of criminal law; general
theory of the crime; sanctioning consequences of the crime.
into three major thematic chapters: sources of criminal law; general
theory of the crime; sanctioning consequences of the crime.
Course Content - Part C
The course deals with the "General Part" of Criminal Law, which is divided into three major thematic chapters: sources of criminal law; general theory of the crime; sanctioning consequences of the crime.
Course Content - Part D
The course deals with the "General Part" of Criminal Law, which is divided into three major thematic chapters: sources of criminal law; general theory of the crime; sanctioning consequences of the crime.
Suggested readings - Part A (Search our library's catalogue)
R. Bartoli, Diritto penale. Elementi di parte generale, Giappichelli,
Torino, 2023
Torino, 2023
Suggested readings - Part B (Search our library's catalogue)
R.Bartoli, Diritto penale, Elementi di parte generale, Torino, 2023.
Suggested readings - Part C (Search our library's catalogue)
R. Bartoli, Diritto penale. Elementi di parte generale, Giappichelli, Torino 2023
Suggested readings - Part D (Search our library's catalogue)
R. Bartoli, Diritto penale. Elementi di parte generale, Giappichelli,
Torino, 2023
Torino, 2023
Learning Objectives - Part A
KNOWLEDGES
Knowledge of the fundamental principles of criminal law, with particular
reference to the nature and functions of the punitive sanction, criminal
liability, the principles governing the choices of criminalization and the
techniques for detecting criminal offenses, the principle of legality
(foundations and political-constitutional meaning) with its corollaries of
the law, determination and irretrievability.
Knowledge about the crime analysis.
General guidelines of the c.d. Forms of manifestation of the crime and
notions about the sanctioning system.
ABILITIES
A) Research ability for regulatory, bibliographic and jurisprudential
material;
B) Ability to address the main issues that emerge with regard to the
function of criminal law;
C) Ability to keep in mind and adequately select the main interpretations
of legislation in doctrine and jurisprudence.
SKILLS
Sensitivity to the relationship between the general part of criminal law
and the general principles outlined in our Constitution.
Awareness of the different solutions adopted by the fundamental types
of configurable criminal systems (democratic, totalitarian, objective,
subjective, mixed).
Sensitivity to the problems arising from the emergence of new forms of
crime (both in terms of intensification of migration flows, in the field of
economy and terrorism) and of the risks for the guarantee function and
the prospects for reform that these dynamics grafted.
Awareness of the opening up of a new "European" and international prospective of the criminal law
Knowledge of the fundamental principles of criminal law, with particular
reference to the nature and functions of the punitive sanction, criminal
liability, the principles governing the choices of criminalization and the
techniques for detecting criminal offenses, the principle of legality
(foundations and political-constitutional meaning) with its corollaries of
the law, determination and irretrievability.
Knowledge about the crime analysis.
General guidelines of the c.d. Forms of manifestation of the crime and
notions about the sanctioning system.
ABILITIES
A) Research ability for regulatory, bibliographic and jurisprudential
material;
B) Ability to address the main issues that emerge with regard to the
function of criminal law;
C) Ability to keep in mind and adequately select the main interpretations
of legislation in doctrine and jurisprudence.
SKILLS
Sensitivity to the relationship between the general part of criminal law
and the general principles outlined in our Constitution.
Awareness of the different solutions adopted by the fundamental types
of configurable criminal systems (democratic, totalitarian, objective,
subjective, mixed).
Sensitivity to the problems arising from the emergence of new forms of
crime (both in terms of intensification of migration flows, in the field of
economy and terrorism) and of the risks for the guarantee function and
the prospects for reform that these dynamics grafted.
Awareness of the opening up of a new "European" and international prospective of the criminal law
Learning Objectives - Part B
KNOWLEDGE
Knowledge of the fundamental principles of criminal law, with particular
reference to the nature and functions of the punitive sanction, criminal
liability, the principles governing the choices of criminalization and the
techniques for detecting criminal offenses, the principle of legality
(foundations and political-constitutional meaning) with its corollaries of
the law, determination and irretrievability.
Knowledge about the crime analysis.
General guidelines of the c.d. Forms of manifestation of the crime and
notions about the sanctioning system.
CAPACITY
A) Research ability for regulatory, bibliographic and jurisprudential
material;
B) Ability to address the main issues that emerge with regard to the
function of criminal law;
C) Ability to keep in mind and adequately select the main interpretations
of legislation in doctrine and jurisprudence.
EXPERTISE
Sensitivity to the relationship between the general part of criminal law
and the general principles outlined in our Constitution.
Awareness of the different solutions adopted by the fundamental types
of configurable criminal systems (democratic, totalitarian, objective,
subjective, mixed).
Sensitivity to the problems arising from the emergence of new forms of
crime (both in terms of intensification of migration flows, in the field of
economy and terrorism) and of the risks for the guarantee function and
the prospects for reform that these dynamics grafted.
Awareness of the opening up of a new "European" and international prospective of the criminal law.
Knowledge of the fundamental principles of criminal law, with particular
reference to the nature and functions of the punitive sanction, criminal
liability, the principles governing the choices of criminalization and the
techniques for detecting criminal offenses, the principle of legality
(foundations and political-constitutional meaning) with its corollaries of
the law, determination and irretrievability.
Knowledge about the crime analysis.
General guidelines of the c.d. Forms of manifestation of the crime and
notions about the sanctioning system.
CAPACITY
A) Research ability for regulatory, bibliographic and jurisprudential
material;
B) Ability to address the main issues that emerge with regard to the
function of criminal law;
C) Ability to keep in mind and adequately select the main interpretations
of legislation in doctrine and jurisprudence.
EXPERTISE
Sensitivity to the relationship between the general part of criminal law
and the general principles outlined in our Constitution.
Awareness of the different solutions adopted by the fundamental types
of configurable criminal systems (democratic, totalitarian, objective,
subjective, mixed).
Sensitivity to the problems arising from the emergence of new forms of
crime (both in terms of intensification of migration flows, in the field of
economy and terrorism) and of the risks for the guarantee function and
the prospects for reform that these dynamics grafted.
Awareness of the opening up of a new "European" and international prospective of the criminal law.
Learning Objectives - Part C
KNOWLEDGE
Knowledge of the fundamental principles of criminal law, with particular reference to the nature and functions of the punitive sanction, criminal liability, the principles governing the choices of criminalization and the techniques for detecting criminal offenses, the principle of legality (foundations and political-constitutional meaning) with its corollaries of the law, determination and irretrievability.
Knowledge about the crime analysis.
General guidelines of the c.d. Forms of manifestation of the crime and notions about the sanctioning system.
CAPACITY
A) Research ability for regulatory, bibliographic and jurisprudential material;
B) Ability to address the main issues that emerge with regard to the function of criminal law;
C) Ability to keep in mind and adequately select the main interpretations of legislation in doctrine and jurisprudence.
EXPERTISE
Sensitivity to the relationship between the general part of criminal law and the general principles outlined in our Constitution.
Awareness of the different solutions adopted by the fundamental types of configurable criminal systems (democratic, totalitarian, objective, subjective, mixed).
Sensitivity to the problems arising from the emergence of new forms of crime (both in terms of intensification of migration flows, in the field of economy and terrorism) and of the risks for the guarantee function and the prospects for reform that these dynamics grafted.
Awareness of the opening up of a new "European" and international dimension of criminal law.
Knowledge of the fundamental principles of criminal law, with particular reference to the nature and functions of the punitive sanction, criminal liability, the principles governing the choices of criminalization and the techniques for detecting criminal offenses, the principle of legality (foundations and political-constitutional meaning) with its corollaries of the law, determination and irretrievability.
Knowledge about the crime analysis.
General guidelines of the c.d. Forms of manifestation of the crime and notions about the sanctioning system.
CAPACITY
A) Research ability for regulatory, bibliographic and jurisprudential material;
B) Ability to address the main issues that emerge with regard to the function of criminal law;
C) Ability to keep in mind and adequately select the main interpretations of legislation in doctrine and jurisprudence.
EXPERTISE
Sensitivity to the relationship between the general part of criminal law and the general principles outlined in our Constitution.
Awareness of the different solutions adopted by the fundamental types of configurable criminal systems (democratic, totalitarian, objective, subjective, mixed).
Sensitivity to the problems arising from the emergence of new forms of crime (both in terms of intensification of migration flows, in the field of economy and terrorism) and of the risks for the guarantee function and the prospects for reform that these dynamics grafted.
Awareness of the opening up of a new "European" and international dimension of criminal law.
Learning Objectives - Part D
KNOWLEDGES
Knowledge of the fundamental principles of criminal law, with particular reference to the nature and functions of the punitive sanction, criminal liability, the principles governing the choices of criminalization and the techniques for detecting criminal offenses, the principle of legality (foundations and political-constitutional meaning) with its corollaries of the law, determination and irretrievability.
Knowledge about the crime analysis.
General guidelines of the c.d. Forms of manifestation of the crime and notions about the sanctioning system.
ABILITIES
A) Research ability for regulatory, bibliographic and jurisprudential material;
B) Ability to address the main issues that emerge with regard to the function of criminal law;
C) Ability to keep in mind and adequately select the main interpretations of legislation in doctrine and jurisprudence.
SKILLS
Sensitivity to the relationship between the general part of criminal law and the general principles outlined in our Constitution.
Awareness of the different solutions adopted by the fundamental types of configurable criminal systems (democratic, totalitarian, objective, subjective, mixed).
Sensitivity to the problems arising from the emergence of new forms of crime (both in terms of intensification of migration flows, in the field of economy and terrorism) and of the risks for the guarantee function and the prospects for reform that these dynamics grafted.
Awareness of the opening up of a new "European" and international dimension of criminal law.
Knowledge of the fundamental principles of criminal law, with particular reference to the nature and functions of the punitive sanction, criminal liability, the principles governing the choices of criminalization and the techniques for detecting criminal offenses, the principle of legality (foundations and political-constitutional meaning) with its corollaries of the law, determination and irretrievability.
Knowledge about the crime analysis.
General guidelines of the c.d. Forms of manifestation of the crime and notions about the sanctioning system.
ABILITIES
A) Research ability for regulatory, bibliographic and jurisprudential material;
B) Ability to address the main issues that emerge with regard to the function of criminal law;
C) Ability to keep in mind and adequately select the main interpretations of legislation in doctrine and jurisprudence.
SKILLS
Sensitivity to the relationship between the general part of criminal law and the general principles outlined in our Constitution.
Awareness of the different solutions adopted by the fundamental types of configurable criminal systems (democratic, totalitarian, objective, subjective, mixed).
Sensitivity to the problems arising from the emergence of new forms of crime (both in terms of intensification of migration flows, in the field of economy and terrorism) and of the risks for the guarantee function and the prospects for reform that these dynamics grafted.
Awareness of the opening up of a new "European" and international dimension of criminal law.
Prerequisites - Part A
Attendance in this course is mandatory in line with the nature of the
Degree Course in "Scienze giuridiche della Sicurezza" and the Agreement
with the "Arma dei Carabinieri".
Degree Course in "Scienze giuridiche della Sicurezza" and the Agreement
with the "Arma dei Carabinieri".
Prerequisites - Part B
Attendance in this course is mandatory in line with the nature of the
Degree Course in "Scienze giuridiche della Sicurezza" and the Agreement
with the "Arma dei Carabinieri".
Degree Course in "Scienze giuridiche della Sicurezza" and the Agreement
with the "Arma dei Carabinieri".
Prerequisites - Part C
Attendance of this course is mandatory in line with the nature of the Degree Course in "Scienze giuridiche della Sicurezza" and the Agreement with the "Arma dei Carabinieri".
There are not preliminary examinations.
There are not preliminary examinations.
Prerequisites - Part D
Attendance in this course is mandatory in line with the nature of the Degree Course in "Scienze giuridiche della Sicurezza" and the Agreement with the "Arma dei Carabinieri".
There are not preliminary examinations.
There are not preliminary examinations.
Teaching Methods - Part A
Classes are taught mainly through lectures, but also through the
discussion of case law. Students are constantly encouraged to express
their opinions and to compare what they already know with the new
knowledge acquired.
discussion of case law. Students are constantly encouraged to express
their opinions and to compare what they already know with the new
knowledge acquired.
Teaching Methods - Part B
Classes are taught mainly through lectures, but also through the
discussion of case law. Students are constantly encouraged to express
their opinions and to compare what they already know with the new
knowledge acquired.
discussion of case law. Students are constantly encouraged to express
their opinions and to compare what they already know with the new
knowledge acquired.
Teaching Methods - Part C
Classes are taught mainly through lectures, but also through the discussion of case law. Students are constantly encouraged to express their opinions and to compare what they already know with the new knowledge acquired.
Teaching Methods - Part D
Classes are taught mainly through lectures, but also through the discussion of case law. Students will be constantly encouraged to express their opinions and to compare what they already know with the new knowledge acquired.
Further information - Part C
None.
Further information - Part D
Registration to the Moodle e-learning platform is required
Type of Assessment - Part A
Oral examination usually consisting of two questions. The first question deals with a broad topic, in order to allow the student to show her knowledge as well as the ability to connect the different parts of the program. the second question might be narrower, in order to check the existence of serious gaps. The candidate can read, explain and comment the Penal Code. The teacher may ask a third question when the previous answers leave a margin of doubt about the evaluation to be assigned, for example because of a significant difference in the evaluation of the previous answers.
Type of Assessment - Part B
Oral examination at the end of the Course.
Type of Assessment - Part C
Oral exam usually consisting of two questions. The first question deals with a broad topic, in order to allow the student to show her knowledge as well as the ability to connect the different parts of the program. the second question might be narrower, in order to check the existence of serious gaps. The candidate can read, explain and comment the Penal Code. The teacher may ask a third question when the previous answers leave a margin of doubt about the grade to be assigned, for example because of a significant difference in the evaluation of the previous answers.
Type of Assessment - Part D
Oral examination usually consisting of two questions. The first question deals with a broad topic, in order to allow the student to show her knowledge as well as the ability to connect the different parts of the program. the second question might be narrower, in order to check the existence of serious gaps. The candidate can read, explain and comment the Penal Code. The teacher may ask a third question when the previous answers leave a margin of doubt about the evaluation to be assigned, for example because of a significant difference in the evaluation of the previous answers.
Course program - Part B
PART I INTRODUCTION
1. Definition, purposes and characteristic features of criminal law
2. External and internal boundaries of the matter: criminal and moral law; substantive criminal law and procedural criminal law; criminal law and criminal sciences
3. Internal partitions: "General Part", "Special Part", "Complementary Criminal Law"
4. Object of the course: the "General Part" and its major thematic chapters
5. Notes on the dogmatic and regulatory history of Italian criminal law
6. Expository system of the course
PART IIª THE SOURCES OF PRODUCTION OF CRIMINAL LAW AND THE INCRIMINATORY RULE
I. INTRODUCTORY REMARKS
1. The different approaches to the subject of penal sources: formal legality and substantial legality
2. The constitutional principles regarding the sources of criminal law: survey
3. The peculiar features of the "conventional (criminal) legality" in the jurisprudence of the ECHR
II. THE LEGITIMATE SOURCES TO PRODUCE CRIMINAL LAW: THE PRINCIPLE OF THE RESERVATION OF THE LAW
1. Content and functions of the principle of the statutory reserve
2. The debate on the "absolute" or "relative" nature of the statutory reserve: the role of administrative law
3. Individual internal sources admitted to produce criminal law
4. The relevance of international and community law in particular
III. THE CRIMINAL LAW IN TIME AND THE PRINCIPLES THAT GOVERN IT
1. The principle of non-retroactivity of the unfavorable criminal law
2. The principle of retroactivity of favorable criminal law
3. Abolitio Criminalis and Abrogatio sine abolitione
4. The problem of «mediated succession»
IV. THE CRIMINAL LAW IN THE SPACE AND THE PRINCIPLES THAT GOVERN IT
1. International criminal law vs international criminal law
2. The possible models of application of national criminal law in space
3. The solution of the penal code: the principle of territoriality and its exceptions
V. THE PHYSIOLOGY OF THE CRIMINAL CRIMINAL LAW
1. Description of the incriminating case and typification techniques: the principle of typicality
2. The components of the incriminating case: a possible typological review
3. The principle of certainty (or precision)
YOU. THE JUDICIAL APPLICATION OF THE CRIMINAL LAW
1. The general interpretative rules of art. 12 available att. c.c. and exceptions in criminal law
2. The principle of mandatory nature and the prohibition of analogy in malam partem
3. The analogy in bonam partem and its limits
PART IIIª THE GENERAL THEORY OF THE OFFENSE
I. INTRODUCTORY REMARKS
1. The assessment of the crime between an analytical approach and a unitary approach
2. Birth and functions of the general theory of crime
3. Bipartitism vs tripartism: the reasons for a contrast
4. Separate construction for structural types of crime
5. The "must be" of the crime according to the Constitutional Charter: recognition of the principles
6. Exhibition scheme adopted
II. THE ACTIVE SUBJECT OF THE OFFENSE
1. Definition and importance of the active subject: own crimes and common crimes
2. Individuals and legal entities
3. The identification of the active subject in complex organizations and the delegation of functions
4. Penal capacity and personal immunities
5. Subjects belonging to other cultures and the so-called "culturally oriented crimes"
III. THE TYPICAL FACT: THE CONDUCT
1. Principle of materiality and criminal conduct: definition, assumptions and material object
2. The belonging of the behavior to the agent (suitas) and the causes that exclude it
2. The action
3. The omission
IV (CONTINUED). THE TYPICAL FACT: THE EVENT AND THE CAUSATION
1. The event of the crime: possible definitional reconstructions
2. The meaning of the event in the criminal figure: disvalue of action and disvalue of event
3. The causal link in active crimes
4. The causal link in crimes of omission: specificity
V (CONTINUED). THE TYPICAL FACT: THE OFFENSE TO THE LEGAL GOOD
1. Content and functions of the legal good: the constitutionally oriented theory
2. The principle of offensiveness: definition, legal basis and practical content
3. Variety of juridical goods and forms of offence
4. Structural diversity of the crime and tensions with the principle of offensiveness
5. The impossible crime
YOU. THE ANTI-JOURNALITY
1. General concept and specific concept: criminal lawlessness
2. Unlawfulness and unlawfulness: cases of express and special unlawfulness
3. The common causes of justification: foundation and general application rules
4. The single common justifications
5. Non codified causes of justification and the problem of analogy
VII. GUILTY AND ITS STRUCTURE
1. Terminological clarifications
2 (Continued). The principle of guilt
3. Guilt as an element of the crime: object and structure
4. The fraud
5. Guilt
6. Preterintent
7. Imputability
8. Knowability of the penal law
9. Guilt and strict liability
VIII. CAUSES FOR THE EXCLUSION OF GUILT
1. The debate on the institutions that would exclude guilt and the principle of collectability
2. The error: terminological and typological clarifications
3. The excusing error as a vice of the will: error on the fact and error on the precept
IX (CONTINUED). FURTHER ASSUMPTIONS OF DIVERGENCE BETWEEN DESIRED AND REALIZED
1. The error in the execution of the criminal conduct: the aberrant crime
2. The mistake of the opposite sign: the putative crime
X. THE FORMS OF MANIFESTATION (IF ANY) OF THE OFFENSE
1. The circumstances of the offence
2. The attempted crime
3. The conspiracy of persons to the crime
XI. UNITY AND PLURALITY OF CRIMES
1. Premise: a difficult reductio ad unum
2. Actual concurrence and apparent concurrence of crimes (and norms)
3. The complex crime in the strict sense
4. The habitual crime
5. The crime continued
XII THE CAUSES OF EXTINGUISHING THE OFFENSE
1. Causes for extinction of the crime and causes for extinction of the sentence
2. The individual causes of extinction of the crime
PART IVª PUNISHABILITY
I. PUNICABILITY AS A LEGAL CATEGORY
1. The debate on its dogmatic position and its content
2. Non-punishability, justification and excuse
II. THE INSTITUTIONS THAT INVITE IT, EXCLUDE IT OR EXTINGUISH IT
1. The objective conditions of punishability
2. (Greater) punishability and subjective status of the offender: recidivism, habituality, professionalism in the crime and tendency to commit a crime
3. The reasons for the exclusion of punishment
4. The causes of extinction of the punishment
5 (Continued). The clause of the art. 131-bis of the criminal code
PART Vª THE CONSEQUENCES OF THE CRIME
I. THE PUNISHMENT
1. The penalty in the context of juridical sanctions: its own and theoretical functions
2. Punishment according to the Constitution
3. The different types of punishment in our legal system
4. The judicial commensuration of the sentence
5. The execution of the sentence: outline
II. SAFETY MEASURES
1. Premise: the system of the so-called "double track" provided by the code
2. Concept, function and application assumptions of security measures
3. Security measures, preventive measures, precautionary measures
III. THE CIVIL CONSEQUENCES OF THE OFFENSE: NOTES
IV. THE CONSEQUENCES OF SANCTIONS FOR THE COLLECTIVE ENTITY: NOTES.
1. Definition, purposes and characteristic features of criminal law
2. External and internal boundaries of the matter: criminal and moral law; substantive criminal law and procedural criminal law; criminal law and criminal sciences
3. Internal partitions: "General Part", "Special Part", "Complementary Criminal Law"
4. Object of the course: the "General Part" and its major thematic chapters
5. Notes on the dogmatic and regulatory history of Italian criminal law
6. Expository system of the course
PART IIª THE SOURCES OF PRODUCTION OF CRIMINAL LAW AND THE INCRIMINATORY RULE
I. INTRODUCTORY REMARKS
1. The different approaches to the subject of penal sources: formal legality and substantial legality
2. The constitutional principles regarding the sources of criminal law: survey
3. The peculiar features of the "conventional (criminal) legality" in the jurisprudence of the ECHR
II. THE LEGITIMATE SOURCES TO PRODUCE CRIMINAL LAW: THE PRINCIPLE OF THE RESERVATION OF THE LAW
1. Content and functions of the principle of the statutory reserve
2. The debate on the "absolute" or "relative" nature of the statutory reserve: the role of administrative law
3. Individual internal sources admitted to produce criminal law
4. The relevance of international and community law in particular
III. THE CRIMINAL LAW IN TIME AND THE PRINCIPLES THAT GOVERN IT
1. The principle of non-retroactivity of the unfavorable criminal law
2. The principle of retroactivity of favorable criminal law
3. Abolitio Criminalis and Abrogatio sine abolitione
4. The problem of «mediated succession»
IV. THE CRIMINAL LAW IN THE SPACE AND THE PRINCIPLES THAT GOVERN IT
1. International criminal law vs international criminal law
2. The possible models of application of national criminal law in space
3. The solution of the penal code: the principle of territoriality and its exceptions
V. THE PHYSIOLOGY OF THE CRIMINAL CRIMINAL LAW
1. Description of the incriminating case and typification techniques: the principle of typicality
2. The components of the incriminating case: a possible typological review
3. The principle of certainty (or precision)
YOU. THE JUDICIAL APPLICATION OF THE CRIMINAL LAW
1. The general interpretative rules of art. 12 available att. c.c. and exceptions in criminal law
2. The principle of mandatory nature and the prohibition of analogy in malam partem
3. The analogy in bonam partem and its limits
PART IIIª THE GENERAL THEORY OF THE OFFENSE
I. INTRODUCTORY REMARKS
1. The assessment of the crime between an analytical approach and a unitary approach
2. Birth and functions of the general theory of crime
3. Bipartitism vs tripartism: the reasons for a contrast
4. Separate construction for structural types of crime
5. The "must be" of the crime according to the Constitutional Charter: recognition of the principles
6. Exhibition scheme adopted
II. THE ACTIVE SUBJECT OF THE OFFENSE
1. Definition and importance of the active subject: own crimes and common crimes
2. Individuals and legal entities
3. The identification of the active subject in complex organizations and the delegation of functions
4. Penal capacity and personal immunities
5. Subjects belonging to other cultures and the so-called "culturally oriented crimes"
III. THE TYPICAL FACT: THE CONDUCT
1. Principle of materiality and criminal conduct: definition, assumptions and material object
2. The belonging of the behavior to the agent (suitas) and the causes that exclude it
2. The action
3. The omission
IV (CONTINUED). THE TYPICAL FACT: THE EVENT AND THE CAUSATION
1. The event of the crime: possible definitional reconstructions
2. The meaning of the event in the criminal figure: disvalue of action and disvalue of event
3. The causal link in active crimes
4. The causal link in crimes of omission: specificity
V (CONTINUED). THE TYPICAL FACT: THE OFFENSE TO THE LEGAL GOOD
1. Content and functions of the legal good: the constitutionally oriented theory
2. The principle of offensiveness: definition, legal basis and practical content
3. Variety of juridical goods and forms of offence
4. Structural diversity of the crime and tensions with the principle of offensiveness
5. The impossible crime
YOU. THE ANTI-JOURNALITY
1. General concept and specific concept: criminal lawlessness
2. Unlawfulness and unlawfulness: cases of express and special unlawfulness
3. The common causes of justification: foundation and general application rules
4. The single common justifications
5. Non codified causes of justification and the problem of analogy
VII. GUILTY AND ITS STRUCTURE
1. Terminological clarifications
2 (Continued). The principle of guilt
3. Guilt as an element of the crime: object and structure
4. The fraud
5. Guilt
6. Preterintent
7. Imputability
8. Knowability of the penal law
9. Guilt and strict liability
VIII. CAUSES FOR THE EXCLUSION OF GUILT
1. The debate on the institutions that would exclude guilt and the principle of collectability
2. The error: terminological and typological clarifications
3. The excusing error as a vice of the will: error on the fact and error on the precept
IX (CONTINUED). FURTHER ASSUMPTIONS OF DIVERGENCE BETWEEN DESIRED AND REALIZED
1. The error in the execution of the criminal conduct: the aberrant crime
2. The mistake of the opposite sign: the putative crime
X. THE FORMS OF MANIFESTATION (IF ANY) OF THE OFFENSE
1. The circumstances of the offence
2. The attempted crime
3. The conspiracy of persons to the crime
XI. UNITY AND PLURALITY OF CRIMES
1. Premise: a difficult reductio ad unum
2. Actual concurrence and apparent concurrence of crimes (and norms)
3. The complex crime in the strict sense
4. The habitual crime
5. The crime continued
XII THE CAUSES OF EXTINGUISHING THE OFFENSE
1. Causes for extinction of the crime and causes for extinction of the sentence
2. The individual causes of extinction of the crime
PART IVª PUNISHABILITY
I. PUNICABILITY AS A LEGAL CATEGORY
1. The debate on its dogmatic position and its content
2. Non-punishability, justification and excuse
II. THE INSTITUTIONS THAT INVITE IT, EXCLUDE IT OR EXTINGUISH IT
1. The objective conditions of punishability
2. (Greater) punishability and subjective status of the offender: recidivism, habituality, professionalism in the crime and tendency to commit a crime
3. The reasons for the exclusion of punishment
4. The causes of extinction of the punishment
5 (Continued). The clause of the art. 131-bis of the criminal code
PART Vª THE CONSEQUENCES OF THE CRIME
I. THE PUNISHMENT
1. The penalty in the context of juridical sanctions: its own and theoretical functions
2. Punishment according to the Constitution
3. The different types of punishment in our legal system
4. The judicial commensuration of the sentence
5. The execution of the sentence: outline
II. SAFETY MEASURES
1. Premise: the system of the so-called "double track" provided by the code
2. Concept, function and application assumptions of security measures
3. Security measures, preventive measures, precautionary measures
III. THE CIVIL CONSEQUENCES OF THE OFFENSE: NOTES
IV. THE CONSEQUENCES OF SANCTIONS FOR THE COLLECTIVE ENTITY: NOTES.
Course program - Part C
The course deals with the general part of the Criminal Law and with general and constitutional principles. Particular attention will also be given to the European and international dimension of criminal law and to the reflections that follows from them.
In particular, this course deals with: the problem of formal and substantive legality; The criminal law seen in the light of the principles of materiality, offense and guilty and dealing with the analysis of the offense; The theme of personality.
Any exercises, seminars, and insights on individual parts of the program will be agreed with the students at the beginning of the lessons.
In particular, this course deals with: the problem of formal and substantive legality; The criminal law seen in the light of the principles of materiality, offense and guilty and dealing with the analysis of the offense; The theme of personality.
Any exercises, seminars, and insights on individual parts of the program will be agreed with the students at the beginning of the lessons.
Course program - Part D
The course deals with the general part of the Criminal Law and with general and constitutional principles. Particular attention will also be given to the European and international dimension of criminal law and to the reflections that follows from them.
In particular, this course deals with: the problem of formal and substantive legality; The criminal law seen in the light of the principles of materiality, offense and guilty and dealing with the analysis of the offense; The theme of personality.
Any exercises, seminars, and insights on individual parts of the program will be agreed with the students at the beginning of the lessons.
In particular, this course deals with: the problem of formal and substantive legality; The criminal law seen in the light of the principles of materiality, offense and guilty and dealing with the analysis of the offense; The theme of personality.
Any exercises, seminars, and insights on individual parts of the program will be agreed with the students at the beginning of the lessons.
Sustainable Development Goals 2030 - Part A
Peace, justice, strong institutions
Sustainable Development Goals 2030 - Part C
This course contributes to the achievement of the goals of the UN 2030 Agenda for a Sustainable Development, with particular reference to goal nr. 16 – Peace, justice and strong institutions.