CRIMINAL LAW AND PERSONAL PROTECTION
Educational goals
At the end of the course the student will have a knowledge of both the Criminal Law General Part
(principle of legality, general theory of crime, sanctioning system).
Study of constitutional and general principles in criminal matters: reserve of law, non-retroactivity, determination and taxation, guilt, materiality and offensiveness.
Definition and structure of the crime. Types of offense. Examination of the constituent elements of the crime: typical fact (active and omissive conduct, event, causal relationship); anti-juridicity (single reasons for justification); guilt (imputability, willful misconduct, guilt, pre-intention, ignorance of criminal law).
Forms of manifestation of the crime: circumstances, attempt, unity and plurality of crime, concurrence of persons in the crime. Punishment and sanctioning system. Penalties and security measures. Function and measure of the penalty. Causes of exclusion and extinction of punishment.
- Tasks and functions of criminal law.
- The principle of legality; the crisis of the legal reserve; jurisprudential law; national and European legality; -Formal and substantial definition of the crime.
- The concept of legal good. The "constitutional" theory of the legal good.
- Subjects.
- The responsibility of collective bodies. Background.
- Techniques for structuring criminal cases that raise constitutional problems.
- The principles of criminal policy. The fragmentary nature of criminal law.
- The general theory of crime and the analysis of the components of the crime.
- The bipartite and tripartite conceptions of the crime.
- The typical fact as the first level of the structure of the crime.
- The classic model and the importance of the teleological method.
- The awareness and will of action;
- The notion of event in criminal law.
- The causal relationship. The different theories. The notion of objective imputation of the event.
- The SS. UU. Franzese; criminal law in the presence of science;
- Substantive foundation and discipline of the reasons for justification.
- especially self-defense; legitimate home defense;
- The principle of guilt and art. 27, 1st and 3rd co., Const.
- Objective responsibility.
- The concept of guilt and theories of punishment.
- Imputability as an ability of understanding and wanting;
- The manslaughter.
- The definition of the intentional crime. The different forms of fraud. Willful misconduct;
- Discipline of error.
- The pre-intention;
- The forms of manifestation of the crime;
- The sanctioning system.
Marco Pelissero, Diritto penale, Appunti di parte generale, Giappichelli Editore, 2021.
N.B. It is mandatory to have a hard copy of the updated Criminal Code
recommended readings:
G. FIANDACA, Prima lezione di diritto penale, Laterza, Bari, 2017.
V. MANES, Giustizia mediatica, Il Mulino, Bologna, 2022.
Teaching takes place according to the traditional method (frontal lessons). During the lessons will be examined some practical cases, with particular attention to the general institutes and the jurisprudence formed in relation to them.
The exam will take place in oral form, with online booking.
There are no verifications of learning in writing.
For attending students, questions concern cases and institutes studied in depth during lessons.
With the oral questions asked during the exam, the candidate will be assessed for his / her analysis and legal reasoning skills. In particular, the judgment criteria will be the following:
- relevance to demand;
- exhaustiveness with respect to demand;
- appropriate connection proposal;
- summary (no redundancies and repetitions);
- language skills;
- clarity of exposition.
Valutazione:
Voto Finale
E-mail: giovanni.desantis@unich.it oppure avv.giovannidesantis@gmail.com
Days and hours of reception: just after classes or by sending an email.