BERGAMO
Overview
Date/time interval
Syllabus
Course Objectives
The main task of the course is the knowledge of the functions and dynamic functioning of the criminal proceeding in the constitutional context of the protection of individual rights. In order to achieve this, intermediate objectives will be taken care of: knowledge of the institutions of the static part, acquisition of legal language appropriate to the context, knowledge of the relevant and relevant higher-ranking sources and their relationship to the legislation, ability to interpret the provision in a critical manner with respect to the realisation of the tasks of constitutional relevance.
Course Prerequisites
A sound knowledge of constitutional law pertaining to individual rights, jurisdiction and sources is required. A sufficient knowledge of general criminal law is also required. Finally, a good knowledge of general legal theory is recommended.
Teaching Methods
The course will begin by introducing the functions of jurisdiction and the substance of its activity. This will be followed by an illustration of the basic legal framework on which a critical reading of the system will be immediately based on the observations of the course participants. There will be a great deal of dialogue on the topics raised by the students in order to stimulate each individual's freedom of comprehension, which guarantees solid acquisitions of the fundamentals of the subject. The results achieved on the rules will always be compared with the case-law to keep the link with the applicative reality of the system.
Assessment Methods
Oral examination.
The examination consists of two questions, on both of which a sufficiency must be achieved to pass the test.
The examination must be seen as a moment of confrontation and dialogue: the teacher draws from this moment the overall degree of knowledge acquired by assessing the candidate's argumentative capacity rather than the right or wrong answer. Therefore, a fundamental component of the test will be the ability to justify the reasons for one's statements with convincing arguments.
The awarding of honours requires: an integrated knowledge of the regulatory system, not sectorial but with all the connections between one institute and another; the use of advanced technical language; the ability to choose solutions on controversial issues of the subject and to argue the choice fully.
WRITTEN TEST ATTENDING
Attending students will have the opportunity to take a written test - consisting of a series of multiple choice questions and open questions - which will be held in one of the last lessons of the course; the exact date will be communicated closer to the test.
The outcome of the test will be communicated to students via email. If the student has passed the test and intends to accept the grade, he/she will have to register for an oral exam session and, at that time, the grade will be recorded. Otherwise, in the event that the written exam is not passed or the student does not intend to accept the grade, it will be sufficient to show up for the oral exam, after registering, and take the exam.
The grade obtained in the written exam can be recorded until the September 2026 exam.
Contents
CONSTITUTIONAL PRINCIPLES
STATIC PART
The subjects of criminal proceedings, the documents, general principles of evidence, means of proof and means of obtaining evidence, precautionary measures.
STATIC PART
Preliminary investigations, defense investigations, preliminary hearing, trial, special proceedings.
APPEALS
General principles of criminal appeals, appeals, and appeals to the Supreme Court.
Online Resources
More information
Textbooks:
P. TONINI and C. CONTI, Lineamenti di diritto procedurauale penale, Giuffrè, Milan, 2025
limited to the following parts: Part I, Part II, Part III, Part IV (Chapters I and II only), and Part V (Chapter I only).
For students enrolled in the DINI degree program, Part V, Chapters II and III are also included.
The study must be accompanied by the reading and regular consultation of the Code of Criminal Procedure (in an updated version).
Recommended reading:
G. GIOSTRA, Prima lezione sulla giustizia penale, Editori Laterza, Bari-Roma, 2023.