Teacher
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PELLEGRINO Ciro
(syllabus)
Introduction • The criminal trial and the trial systems: the inquisitorial system, the accusatory system and the mixed system; • The general principles of the criminal trial: the principle of separation of functions and phases of the procedure, the principles of fair trial; • The subjects of the criminal trial: the judge, the public prosecutor, the judicial police, the accused, the defender, the person offended by the crime and the civil party; • General principles of proof: proof and clue, the evidentiary procedure and the right to proof, the burden of proof, the principle of exhaustiveness of the proof, the principle of free conviction of the judge, distinction between means of proof and means of research of the test; • The reform of the Legislative Decree July 28, 1989, n. 271 (in particular, art. 38): the trial of the "Perry Mason" lands in Italy
Module 1 - Public Prosecutor's Investigations • Preliminary investigations: the purpose of the preliminary investigations, the role of the Public Prosecutor and the judge, the news of the crime, the conditions of prosecution, the investigative secret and the prohibition of publication, the initiative of the judicial police, the initiative of the Public Prosecutor, the duration of the preliminary investigations, the notice of conclusion of the preliminary investigations, the criminal action; • Specific profiles about the investigative activity of the Public Prosecutor: 1. The taking of information from the possible witness; 2. The interrogation of the suspect and person accused in a connected or connected proceeding; 3. The technical assessment made by the Public Prosecutor's consultant; 4. Assessments suitable for affecting personal freedom; 5. The identification of people or things; 6. Inspections; 7. The searches; 8. Seizures (specifically, probative seizure); 9. The interception of conversations or communications.
Module 2 - The defender's investigations • The role of the defender in the criminal trial; • Law 7 December 2000, n. 397: introduction of Title VI bis of book V of the Criminal Procedure Code entitled "Defensive investigations" (in particular, art. 23 which repealed art. 38 of Legislative Decree 271 of 1989); • Public and private investigations compared: differences; • The subjects of the defensive investigation; • The defensive interview: the regulation, the undocumented interview, the taking of information and related minutes, the written declaration, the hearing of the person who made use of the right not to answer; • Other defensive investigation activities: the request for documentation from the Public Administration, access to places and documentation, access to private and non-public places, the defender's file, preventive investigative activity; • The presentation and use of defensive documentation; • Technical advice out of expert opinion cases.
Module 3 - The private investigator in Italy • The Consolidated Law on Public Security Laws (R.D. 18 June 1931, n. 773): the private investigation activity, assumptions and requirements; • The Ministerial Decree of 1 December 2010, n. 269, concerning the regulation of the professional and organizational requirements required and the quality of the services of private investigation institutes.
Module 4 - Investigative activity and the right to privacy • The Privacy Code (Legislative Decree 196 of 2003): objectives and purposes, definitions, object and scope, security measures, the rights of the interested party, forms of protection, the measures and authorizations of the Guarantor, the responsibility for the violation of privacy; • Defensive investigations and privacy: the rules of conduct of the Code of Conduct; • The private investigator and privacy: the regulatory framework and the management of privacy obligations; • The G.D.P.R. and the implementing legislative decree n. 101/2018, 10 August - 4 September 2018.
(reference books)
IPSOA Manuali "PRIVACY Protezione e trattamento dei dati" a cura di Marco Soffientini - 2018, Wolters Kluwer Parte I (Capitoli da 1 a 8) - Parte IV (Capitoli da 6 a 8)
Antonio Madeo, Vincenzo Cianchella "Guida pratica operativa alle investigazioni" - 2018, Wolters Kluwer
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