"G. d'Annunzio"
no prerequisite
TRAINING OBJECTIVES Within the Degree Course, the teaching of the criminal procedure aims to offer the student the knowledge of the principles and fundamental institutions of the criminal trial, with a particularly attentive look at the phase of finding evidence and the methods of compliance with the duty to carry out a complete and high quality investigation. EXPECTED LEARNING RESULTS The course includes completing the student's training with a detailed examination of the research and acquisition tools of the test governed by the code of criminal procedure, of the possible defects and of the rules governing the assessment of the test. The student's criminological training will therefore be completed and enriched by the following skills: - Knowledge of investigative activities and means of research of evidence - Knowledge of defensive investigations - Knowledge of the most suitable ways to find and assure evidence - Delimitation of the perimeter of the facts to be ascertained, to obtain the most complete reconstruction of historical facts - Knowledge of the concepts of evidence and clue, as well as of the criteria for evaluating the evidence in the future hearing
The subject of the course is the study of the criminal case, its principles and its rules. Particular attention will be paid to the preliminary investigation phase and therefore to the initial moment of collection of the evidence, with a view to an investigation that intends to comply with the requirements, imposed by the Constitution and the ECHR, of completeness, transparency and quality of the investigation.
Accusatory system and inquisitorial system The constitutional principles of the criminal trial The structure of the criminal proceedings: investigations-preliminary hearing-trial The prosecutor and the judicial police The suspect / accused and the defender The judge The person offended by the crime Conducting the preliminary investigations Evidence: general provisions, means of proof and search for proof The precautionary measures The conclusion of the investigation
1) Manuale di diritto processuale penale, a cura di Scalfati, Giappichelli, ed. 2023 (pp. 1-63; pp. 107-142; pp. 231-660). 2) Il giusto processo penale dopo la riforma Cartabia, a cura di Gaito, Pisa University Press, 2023 (cap. 1-6)
Attendance is strongly recommended. 48 hours of frontal lessons - explanation of practical cases - trial simulations - assistance at hearings at the Courts of Pescara and Chieti
Oral exam, with mark expressed in thirtieths. To pass the exam, knowledge of the technical terminology of the subject, of the functioning of the institutes treated and the ability to critically examine them are essential
The teacher receives by appointment agreed via email at cristiana.valentini@unich.it
