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Teacher
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SOTIS Carlo
(syllabus)
The course covers the so-called "general part" of criminal law through three perspectives: the problem of legitimization, with particular reference to constitutional and supranational principles of criminal law; the relationship between the function of criminal norms and their structure (and discipline); and the inextricable relationship between the general part and the special part (i.e., individual crimes), resulting in continuous incursions into this second part during the course. More specifically, the course will cover the following topics: the functions of punishment; criminal law: sources and limits of applicability of criminal law, criminal law, and supranational sources; the constitutional aspect of criminal offense; the crime: the formal and substantive concept of crime, the structure of the crime - Analysis and systematics of the crime: typical act, unlawfulness, culpability; the forms of manifestation of the crime: attempt and complicity; the formal concurrence of crimes and the apparent concurrence of norms; the sanctioning system: the commensuration of the penalty, sanctions. During the course, while following a systematic approach, particular attention will be paid to the examination of case law.
for the Erasmus students: the course aims To understand the basics concepts and the international legal order in the field of criminal law, we need to ask What is criminal law? We find to answer these question through a series of twelve dichotomies - Of Criminal Law-Basic Concepts: Substance and Procedure, Punishment vs. Tort Liability, Subject vs. Object, Causation vs. Background Events, Victims and Offenders, Offenses and Defenses, Intention vs. Negligence, Harming vs. Trying: Offenses and Attempts., Accidents vs. Mistakes. Perpetration and Complicity: Unity and Divergence, Law vs. Justice.
(reference books)
- For attending students:
C.E. Paliero (ed.), F. Consulich, G. Mannozzi, C. Piergallini, C. Perini, M. Scoletta, C. Sotis, Il Sistema Penale (2024), Turin. Any additions and replacements of parts of the adopted manual with other materials will be communicated during the lessons and published on Moodle; the relevant texts, when possible, will also be published on Moodle.
- For non-attending students, a manual of choice between:
C.E. Paliero (ed.), F. Consulich, G. Mannozzi, C. Piergallini, C. Perini, M. Scoletta, C. Sotis, Il Sistema Penale, Turin, 2024, approximately 600 pages, in progress. G. Marinucci, E. Dolcini, G. Gatta, Manuale di Diritto Penale, latest edition (2023), Milan, Giuffrè, pp. 1-671 and 957-991 (up to the introductory part of the circumstances and the two final chapters on restorative justice and corporate administrative liability). For those who intend to prepare for the exam using another manual, please send me an email well in advance.
- for the Erasmus students is possible in alternative: George P. Fletcher, The Grammar of Criminal Law; Volume Two: International Criminal Law. 2019.
It is also absolutely essential to constantly refer to the Constitution, the ECHR, and, of course, the penal code in a printed version from the most authoritative legal publishing houses (e.g., Cortina, Giuffrè, Wolter's), both during lessons and individual study.
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