BERGAMO
Overview
Date/time interval
Syllabus
Course Objectives
The main task of the course is the understanding of the dynamic functioning of technological evidence in the adversary system and in the constitutional and European system of rights protection. 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 relationships with the legislation, ability to interpret the provision in a critical manner with respect to the realisation of the tasks of constitutional relevance. Finally, the basic technical knowledge of the most commonly used technological and scientific evidence will be taken care of.
Course Prerequisites
Knowledge of constitutional sources concerning mainly jurisdiction and individual rights is required. Knowledge of general criminal law is required. Finally, knowledge of institutional criminal procedural law is required. Finally, knowledge of elements of the general theory of law is recommended.
Teaching Methods
The course will take place with an illustration of the basic legal framework on which a critical reading of the system will immediately be triggered, starting from the observations of the course participants. There will be a great deal of dialogue on the individual topics in order to stimulate each individual's freedom of comprehension, which alone guarantees solid acquisitions of the fundamentals of the subject. The results achieved on the reading of the rules will always be compared with the case-law so as never to abandon the link with the applicative reality of the system. Each topic will be preceded by a comparison of the investigative and trial techniques most commonly used today.
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, i.e. 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.
Contents
1) GENERAL PRINCIPLES OF EVIDENCE: general concepts, structure of evidence, evidentiary procedure, evidence collected at different stages.
2) EVIDENCE LIMITS: evidentiary prohibitions and inadmissibility.
3) MEANS OF EVIDENCE and MEANS OF SEARCHING FOR EVIDENCE: analysis of the main institutions, with particular attention to scientific and neuroscientific evidence.
Online Resources
More information
Textbook:
P. TONINI and C. CONTI, Il diritto delle evidenti criminale nel sistema accusatorio contemporaneo, Milan, Giuffré, 2025
limited to the following chapters: Chapter I, Chapter II, Chapter III (§ 1 and one of the following parts, at the student's choice: § 2 or §§ 3-4 or §§ 5-8 or §§ 10-12 or §§ 13-17 or §§ 18-21), Chapter IV (§ 1 and one of the following parts, at the student's choice: §§ 2-4 or §§ 5-6), Chapter V.
Preparation for the exam must be accompanied by reading and consulting a Code of Criminal Procedure (in an updated version).