Teacher
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FABERI ANTONIO
(syllabus)
I. Criminal law - selected arguments of the general part: 1. The ground of action of the criminal matter and the other instruments provided by the legal system; 2. The criminal facts, the penalty and the other measures provided by the law; 3. The sources of criminal law; 4. General principles of criminal law; 5. The penal statute in time and space; 6. the structure of a criminal offence; 7. The fundamental elements of the crime; 8. Exclusionary rules of the penalty and causes of extintion of the criminal offence; 9. Exclusionary rules of "Mens rea" and "Actus reus"; 10. Relevant elements not included in the criminal offence structure and the proper causes of penalty exclusion; 11. Extintion of the crime and extintion of the penalty; 12. Complex forms of a criminal offence (attempted crime, conspiracy, crime junctions, concurrent sentencing, complex crime, continued crime, circumstances); 13. The civil consequences of a crime; 14. Supervision orders and prevention measures.
THEORIC OPERATIVE APPENDIX (case studies and seleceted special part arguments). 15. The justification of a fact, particularly: fullfill of duty, legitimate self-defense, legitimate use of arms and state of necessity; 16. Public officers, public service and public necessity service agents; 17. Crime qualified by a personal condition, particularly: "il peculato" (embezzlement by a public officer); 18. The limit between attempted crime and committed crime: the robbery in a supermarket and the continuous surveillance; 19. The juridical qualification between theft, robbery, burglary proper or not, and respective aggravating circumstances; 20. the penal risk in the commercial activites and in the private organizations. 21. International criminal law. Notes.
II. Selected arguments of criminal procedure. 22. The purpose of the criminal process: proof of facts, evalutation of criminal responsibility and the other consequences of the crime; 23. The sources of the criminal procedure; 24. Fundamental principles; 25. The a priori of a criminal charge; 26. The conditions to prosecute; 27. The mandatory parts; 28. The eventual parts; 29. The auxiliaries of the judge and of the prosecutor; 30. Adversary system, inquisitory system and mixed systems; 31. The procedure for the gathering and the acquisitioning of the evidence: typical and atypical means; means of proof and means of research of the evidence; 32. The evalutation of the proof: judging criteria; 33. The phases of the process and the phases of the proceeding; 34. Activities delegated by the public prosecutor and activities directly made by the judiciary police; 35. The defendant's activities; 36. The appeals; 37. The necessity of pre-trial measures: on persons and on goods; 38. The anticipation of the trial; cross examination and evidence in the pretrial hearings; 39. The urgent activities, the unrepeatable activities and the undelayable activities; 40. The pre-precautionary mesaures: the arrest in flagrante delicto and the police custody. 41. Speedy trials and alternative definition of the process.
(reference books)
Pelissero M., Diritto penale. Appunti di parte generale. Ult. Ed. Cianchella V., Madeo A., Guida pratica operativa alle investigazioni. Ult. Ed. Gaito A., a cura di, Il giusto processo, Ult. Ed. (facoltativo) Saranno altresì forniti materiali caricati dal docente sul portale.
E' necessario disporre di un codice penale e di procedura penale aggiornato.
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