Procedural systems; Constitutional Principles Subject of the criminal acts and phases of the trial; The general principles on the evidence; Exclusionary rules; means to prove; interceptions, inspections, searches and seizures.
Course Content - Part B
Procedural systems; Constitutional Principles Subject of the criminal acts and phases of the trial; The general principles on the evidence; Exclusionary rules; means to prove; interceptions, inspections, searches and seizures.
Course Content - Part C
Procedural systems; Constitutional principles; Subjects and acts of the criminal proceeding; The general principles on the evidence; Inability of evidence; means of proof; means of proof research.
Course Content - Part D
Procedural systems; Constitutional Principles Subject of the criminal acts and phases of the trial; The general principles on the evidence; Exclusionary rules; means to prove; interceptions, inspections, searches and seizures.
PAOLO TONINI, Lineamenti di diritto processuale penale, 17^ ed., Milano, 2019, ed. Giuffrè.
PARTE I. Evoluzione storica.
- Cap. I. Sistemi processuali. § 1-4.
- Cap. II. Dalla Costituzione al codice. § 1-6; only notes of § 8 and 9.§ 8 e 9.
PARTE II. Profili generali.
- Cap. I. Soggetti. excluding § da 2.G a 2.L; Excluding 2.Q; 5.E; 6.D, § 8.
- Cap. II. Atti. §1 excluding 1.D. Of the notification only artt. 148, 151, 157, 161, 168, 171.
§ 2. N.B. N.B. restitution in the term: only general remedy;
nullity: excluded from "renewal of the null act" until the end; no §2.G.
- Cap. III. Princìpi generali sulla prova. Excluded § 8.
- Cap. IV. Mezzi di prova. Excluded 3.F; 5.F; 6.D.
- Cap. V. Mezzi di ricerca della prova.
PARTE III. Procedimento ordinario.
- Cap. I. Indagini preliminari: § 1 and 2.
- Cap. II. § 2.
Appendice § 1 and 2 (Psicologia della testimonianza).
PAOLO TONINI, Lineamenti di diritto processuale penale, 17^ ed., Milano, 2019, ed. Giuffrè.
Learning Objectives - Part A
The aim of the course is to allow the student’s achievement of ability to comprehend the principle subjects of the trial with particular regard to the role and to the functions of judiciary police and public prosecutor. Awareness of the judge decisional schemes, with particular reference to the rules deriving from the experience and to the scientific laws that support the evidence reasoning. The course also aims at introducing the evidence rules, which is really a sort of sub-proceedings in the criminal trial. We intent to explain the ratio of legal rules, depending also on the framework they are part of. The course will allow the students to address the major legal issues on evidence. Students will be able to understand the link between preliminary investigation’s activities and hearing’s function.
Learning Objectives - Part B
The aim of the course is to allow the student’s achievement of ability to comprehend the principle subjects of the trial with particular regard to the role and to the functions of judiciary police and public prosecutor. Awareness of the judge decisional schemes, with particular reference to the rules deriving from the experience and to the scientific laws that support the evidence reasoning. The course also aims at introducing the evidence rules, which is really a sort of sub-proceedings in the criminal trial. We intent to explain the ratio of legal rules, depending also on the framework they are part of. The course will allow the students to address the major legal issues on evidence. Students will be able to understand the link between preliminary investigation’s activities and hearing’s function.
Learning Objectives - Part C
The course aims to raise awareness of the rules that govern the main subjects of the criminal proceedings, developing the predisposition to understand the issues that arise in the process, with particular reference to the role and functions of the judicial police and the prosecutor. The aim is to guarantee the ability to know and evaluate the methods with which the jurisdictional function is exercised, with particular reference to the maxims of experience and the scientific laws that integrate the probative reasoning. The course also intends to introduce the discipline of evidence, which constitutes a real under-proceeding within the criminal trial.
We tend to develop the capacity to understand the rationale of the institutes also in light of the system in which they are located. Students will be able to understand the link between the preliminary investigation activity and the function of the trial
Learning Objectives - Part D
The aim of the course is to allow the student’s achievement of ability to comprehend the principle subjects of the trial with particular regard to the role and to the functions of judiciary police and public prosecutor. Awareness of the judge decisional schemes, with particular reference to the rules deriving from the experience and to the scientific laws that support the evidence reasoning. The course also aims at introducing the evidence rules, which is really a sort of sub-proceedings in the criminal trial. We intent to explain the ratio of legal rules, depending also on the framework they are part of. The course will allow the students to address the major legal issues on evidence. Students will be able to understand the link between preliminary investigation’s activities and hearing’s function.
Teaching Methods - Part A
Lectures. The course will adopt all the teaching methods allowed by the new structure of the classrooms. In particular, we will use diagrams, flow charts, examples of acts, films that represent key moments of the criminal trial. Power point presentations and other materials handed out during the lessons, will be available through the Moodle Platform.
Teaching Methods - Part B
Lectures. The course will adopt all the teaching methods allowed by the new structure of the classrooms. In particular, we will use diagrams, flow charts, examples of acts, films that represent key moments of the criminal trial. Power point presentations and other materials handed out during the lessons, will be available through the Moodle Platform
Teaching Methods - Part C
Frontal lessons. All the teaching methods allowed by the new structure of the classrooms will be adopted. In particular, we will use diagrams, flow charts, examples of acts, films that represent key moments in the criminal proceedings. Attending students will be given slides and the material used during the lessons through the Moodle platform.
Teaching Methods - Part D
Lectures. The course will adopt all the teaching methods allowed by the new structure of the classrooms. In particular, we will use diagrams, flow charts, examples of acts, films that represent key moments of the criminal trial. Power point presentations and other materials handed out during the lessons, will be available through the Moodle Platform.
Further information - Part A
None
Further information - Part B
None
Further information - Part D
None
Type of Assessment - Part A
The exam is divided in two parts. The first part consists in a multiple-choice test, that will take place in the classroom. The second part consists in an oral test concerning the remaining part of the program, which was not examined in the written test.
Type of Assessment - Part B
The exam is divided in two parts. The first part consists in a multiple-choice test, that will take place in the classroom. The second part consists in an oral test concerning the remaining part of the program, which was not examined in the written test.
Type of Assessment - Part C
The exam is divided into two parts. The first part consists of a multiple choice test that will take place in the classroom. The second part consists of an oral exam on the remaining program compared to the one covered by the written test.
Type of Assessment - Part D
The exam is divided in two parts. The first part consists in a multiple-choice test, that will take place in the classroom. The second part consists in an oral test concerning the remaining part of the program, which was not examined in the written test.
Course program - Part A
The course encompasses the following themes: inquisitorial, adversarial and mixed procedural systems; constitutional principles (eg, due process, presumption of innocence; mandatory prosecution); subject of the trial; news of crime, prosecution, civil action for compensation for damages; fundamental acts of criminal proceedings, general principles on evidence. The course will examine the rules of evidence in criminal trial with particular reference to the evolution of the concept of science and to the introduction of new investigation techniques. It will build on the judge approach and analyze the basic steps of the judicial syllogism and of the evidentiary inference, the principle of free convincement, the reasonable doubt as a rule in evidence development and trial. During the course the problems of cross-examination will be discussed. The central part of the course will deal with exclusionary rules and the discipline of declarations in a criminal trial. All subjects called to give statements (witnesses, consultants and technical experts) will be duly studied. Particular attention will be paid to the defendants connected or linked, whose discipline has been the focus of subsequent reforms inspired by different principles, till the Law 63 of 2001 which attempted to implement the standards of due process with a vigorous reform of the evidence system. A particular in-depth analysis will be dedicated to the means of proof’s research: interceptions, inspections, searches and seizures.
PAOLO TONINI, Lineamenti di diritto processuale penale, 17^ ed., Milano, 2019, ed. Giuffrè.
PARTE I. Evoluzione storica.
- Cap. I. Sistemi processuali. § 1-4.
- Cap. II. Dalla Costituzione al codice. § 1-6; solo cenni dei § 8 e 9.
PARTE II. Profili generali.
- Cap. I. Soggetti. Esclusi i § da 2.G a 2.L; esclusi il 2.Q; il 5.E; il 6.D, il § 8.
- Cap. II. Atti. §1 escluso 1.D. Della notificazione solo artt. 148, 151, 157, 161, 168, 171.
§ 2. N.B. restituzione nel termine: solo rimedio generale;
nullità: escluso da "rinnovazione dell'atto nullo" fino alla fine; no §2.G.
- Cap. III. Princìpi generali sulla prova. Escluso § 8.
- Cap. IV. Mezzi di prova. Esclusi 3.F; 5.F; 6.D.
- Cap. V. Mezzi di ricerca della prova.
PARTE III. Procedimento ordinario.
- Cap. I. Indagini preliminari: § 1 e 2.
- Cap. II. § 2.
Appendice § 1 e 2 (Psicologia della testimonianza).
Course program - Part B
The course encompasses the following themes: inquisitorial, adversarial and mixed procedural systems; constitutional principles (eg, due process, presumption of innocence; mandatory prosecution); subject of the trial; news of crime, prosecution, civil action for compensation for damages; fundamental acts of criminal proceedings, general principles on evidence. The course will examine the rules of evidence in criminal trial with particular reference to the evolution of the concept of science and to the introduction of new investigation techniques. It will build on the judge approach and analyze the basic steps of the judicial syllogism and of the evidentiary inference, the principle of free convincement, the reasonable doubt as a rule in evidence development and trial. During the course the problems of cross-examination will be discussed. The central part of the course will deal with exclusionary rules and the discipline of declarations in a criminal trial. All subjects called to give statements (witnesses, consultants and technical experts) will be duly studied. Particular attention will be paid to the defendants connected or linked, whose discipline has been the focus of subsequent reforms inspired by different principles, till the Law 63 of 2001 which attempted to implement the standards of due process with a vigorous reform of the evidence system. A particular in-depth analysis will be dedicated to the means of proof’s research: interceptions, inspections, searches and seizures.
P. TONINI, Lineamenti di diritto processuale penale, 17^ ed., Milano, 2019, Giuffrè.
PARTE I. Evoluzione storica.
- Cap. I. Sistemi processuali: §§ 1- 4.
- Cap. II. Dalla Costituzione al codice: §§ 1-6; sola lettura dei §§ 8 - 9.
PARTE II. Profili generali.
- Cap. I. Soggetti: esclusi i §§ da 2.g a 2., 2.q; i5.e; il 6.d; 8.
- Cap. II. Atti: §1. ma escluso § 1.d.
Della notificazione solo artt. 148, 151, 157, 161, 168, 171.
§ 2. N.B. restituzione nel termine: solo rimedio generale;
nullità: escluso da "rinnovazione dell'atto nullo" fino alla fine; escluso § 2.g.
- Cap. III. Princìpi generali sulla prova: escluso § 8.
- Cap. IV. Mezzi di prova. esclusi i §§ 3.f; 5.f; 6.d.
- Cap. V. Mezzi di ricerca della prova.
PARTE III. Procedimento ordinario.
- Cap. I. Indagini preliminari: §§ 1-2.
- Cap. II. § 2.
Appendice §§ 1 - 2 (Psicologia della testimonianza).
Course program - Part C
The course encompasses the following themes: inquisitorial, adversarial and mixed procedural systems; constitutional principles (eg, due process, presumption of innocence; mandatory prosecution); subject of the trial; news of crime, prosecution, civil action for compensation for damages; fundamental acts of criminal proceedings, general principles on evidence. The course will examine the rules of evidence in criminal trial with particular reference to the evolution of the concept of science and to the introduction of new investigation techniques. It will build on the judge approach and analyze the basic steps of the judicial syllogism and of the evidentiary inference, the principle of free convincement, the reasonable doubt as a rule in evidence development and trial. During the course the problems of cross-examination will be discussed. The central part of the course will deal with exclusionary rules and the discipline of declarations in a criminal trial. All subjects called to give statements (witnesses, consultants and technical experts) will be duly studied. Particular attention will be paid to the defendants connected or linked, whose discipline has been the focus of subsequent reforms inspired by different principles, till the Law 63 of 2001 which attempted to implement the standards of due process with a vigorous reform of the evidence system. A particular in-depth analysis will be dedicated to the means of proof's research: interceptions, inspections, searches and seizures.
PAOLO TONINI, Lineamenti di diritto processuale penale, 17^ ed., Milano, 2019, ed. Giuffrè
Course program - Part D
The course encompasses the following themes: inquisitorial, adversarial and mixed procedural systems; constitutional principles (eg, due process, presumption of innocence; mandatory prosecution); subject of the trial; news of crime, prosecution, civil action for compensation for damages; fundamental acts of criminal proceedings, general principles on evidence. The course will examine the rules of evidence in criminal trial with particular reference to the evolution of the concept of science and to the introduction of new investigation techniques. It will build on the judge approach and analyze the basic steps of the judicial syllogism and of the evidentiary inference, the principle of free convincement, the reasonable doubt as a rule in evidence development and trial. During the course the problems of cross-examination will be discussed. The central part of the course will deal with exclusionary rules and the discipline of declarations in a criminal trial. All subjects called to give statements (witnesses, consultants and technical experts) will be duly studied. Particular attention will be paidto the defendants connected or linked, whose discipline has been the focus of subsequent reforms inspired by different principles, till the Law 63 of 2001 which attempted to implement the standards of due process with a vigorous reform of the evidence system. A particular in-depth analysis will be dedicated to the means of proof’s research: interceptions, inspections, searches and seizures.
PAOLO TONINI, Lineamenti di diritto processuale penale, 17^ ed., Milano, 2019, ed. Giuffrè.
PARTE I. Evoluzione storica.
- Cap. I. Sistemi processuali. § 1-4.
- Cap. II. Dalla Costituzione al codice. § 1-6; solo cenni dei § 8 e 9.
PARTE II. Profili generali.
- Cap. I. Soggetti. Esclusi i § da 2.G a 2.L; esclusi il 2.Q; il 5.E; il 6.D, il § 8.
- Cap. II. Atti. §1 escluso 1.D. Della notificazione solo artt. 148, 151, 157, 161, 168, 171.
§ 2. N.B. restituzione nel termine: solo rimedio generale;
nullità: escluso da "rinnovazione dell'atto nullo" fino alla fine; no §2.G.
- Cap. III. Princìpi generali sulla prova. Escluso§ 8.
- Cap. IV. Mezzi di prova. Esclusi 3.F; 5.F; 6.D.
- Cap. V. Mezzi di ricerca della prova.
PARTE III. Procedimento ordinario.
- Cap. I. Indagini preliminari: § 1 e 2.
- Cap. II. § 2.
Appendice § 1 e 2 (Psicologia della testimonianza).