Corsi di Studio del Dipartimento di Giurisprudenza

The Course is aimed at enabling students to acquire both the fundamental concepts of Criminal Law (with reference to the "parte generale" of the Code) and the ability to argue through the criminal categories and to interpret the norms in a logical and critical sense, using the systematic, historical and teleological method. 

 At the end of the Course, the student should be able, by reading the Criminal Law norms, to understand their content and significance, to identify the elements that characterize them, and to link them with the other norms in order to achieve a systematic overview of Criminal Law, using the criminal categories and knowing the fundamental principles of the subject.

Teaching will be carried out by two-hours face-to-face lessons in the classroom, for a total of 60 hours (9 CFU). Attendance, though optional, is recommended.

Learning will be verified by means of an oral examination with questions related to the topics which were covered during the lessons and to those contained in the recommended textbooks. The mark will be expressed in thirties, and the evaluation will be based on the following parameters: knowledge of the notions and of the themes discussed in classroom as well as contained in the suggested textbooks; ability to logically organize knowledge; analysis of the subject with critical thinking. The overall evaluation will take into account the quality of the exposition (correct and complete information, competence and precision in the use of the legal language, clarity and linearity).

Didactic material provided to students by the teacher.

The Course will concern the "parte generale" of the Criminal Code and, in particular, it will cover the following topics:

• Historical setting;
• The Schools of Criminal Law;
• Criminal-constitutional principles;
• Principles of Materiality, Typicity, Offence and Subsidiarity;
• European Law and Criminal Law;
• Chronological sequence of criminal statutes;
• Tempus and locus commissi delicti;
• Ignorance of the criminal law;
• Apparent plurality of statutes about the same offensive fact;
• Definition and types of offences;
• Offence as a fact: behaviour (action, omission), causality, related theories. Natural event and juridical event;
• The so-called "subjective" (psychological) element. Intentional wrongdoing, negligence: structure and verification. Intentional typical facts and negligent typical facts. The so-called "colpa impropria";
• The so-called "unintentional" crime;
• "Objective" liability;
• Crimes made worse by the event;
• Mistake of fact and mistake of non-criminal law;
• Aberratio (ictus, delicti, causae);
• "Antijuridicity" and special illicitness;
• Fundament, structure and discipline of justifications (consent of the entitled person, exercise of a right, accomplishment of a duty, legitimate self-defence, legitimate use of weapons);
• Forms of offences: attempt, circumstances, plurality of offences, plurality of offenders in the offence;
• The offender;
• "Imputability" and mental capacity (the so-called "capacità di intendere e di volere");
• Exclusion or diminution of imputability;
• The discretionary power of the judge regarding the application of sanctions;
• The victim of the offence;
• Extinction of the offence and of the punishment;
• Juridical consequences of the offence;
• Damage caused by the offence;
• Social danger and security measures;
• Preventive justice measures;
• Recent laws that partially have modified the criminal system (in particular: Law 23/6/2017 n. 103 - so called "Orlando reform" and  Legislative Decree 10/04/2018 n. 36 which modifies the rules governing the possibility to prosecute for certain delicts).

C.F. Grosso-M. Pelissero-D. Petrini-P. Pisa, Manuale di diritto penale, Parte generale, 2° edizione, Giuffrè, Milano, 2017;

or

G. Marinucci - E. Dolcini, Manuale di diritto penale, Parte generale, VI edizione aggiornata da E. Dolcini e G.L. Gatta, Giuffré, Milano, 2017;

or

G. Fiandaca, E. Musco, Diritto penale, Parte generale, VII edizione, Zanichelli, Bologna, 2014.

For those students who are intentioned to better investigate the subject, some more reference can be suggested:

M. Gallo, Diritto penale italiano, Appunti di parte generale, vol. I, Giappichelli, Torino, 2014;

M. Gallo, Diritto penale italiano, appunti di parte formale, vol. II, Giappichelli, Torino, 2015.

An updated criminal code is necessary for exam preparation.