ID:
65040
Dettaglio:
SSD: Criminal Law
Duration: 54
CFU: 9
Located in:
BERGAMO
Url:
LAW - 65/PERCORSO COMUNE Year: 2
Year:
2025
The aim of the course is to offer a deep acknowledgment and understanding of the main principles and the categories of the general part of criminal law, through the analysis of legislation, jurisprudence and doctrine, in relation to the theories of argumentation, of law enforcement, the historical and philosophical development and the different theoretical models (dogmatic framework in the continental tradition, leading case in the common law tradition).
Students will be trained to use an argumentative approach to interpret the criminal law, e.g. the necessary methodology based on case law and legal questions analysis, in compliance with fundamental principles. This will be particularly useful in providing students with tools to independently develop critical analysis skills allowing a more in depth views of court cases.
At the end of the course the student will acquire a whole acknowledgment of the most peculiar features of the criminal law, with special reference to the typical function of the principle and the general categories concerning the defence of civil liberties, with the awareness of the need for providing a critical approach and a deepening of the main concepts of criminal law.
Prerequisites required are published on the web site https://lm-giu.unibg.it/it/il-corso/piano-di-studio
Lectures: special attention will be payed to the direct dialogue with students, that are invited to make proposals on issues of their peculiar interest.
In order to achieve the educational goals, interdisciplinary lessons, supplementary teaching activities, e.g. moot trials, insights on topical practical issues will be organized
Evaluation of the acknowledgments and skills of students, which are requested to learn with scientific methodology, to approach in a critical way the texts and the discussions in class, with special attention to the legal sources; to be able to debate the issues of the courses.
Criminal law, general part
Constitutional principle: nullum crimen sine lege, individual responsibility, “Harm to others” and “Harm to legal goods”, punishment and rehabilitation
Theory of crime:
- Offences and defences
- Actus reus: behaviour, causation, intention, negligence, strict liability
- Mens rea
- Justification and Excuse
- Attempt
- Participation
- Omission
Sentencing
Corporate crimes
Kinds of penal measures
Constant and punctual attendance of the course is highly recommended.
Reference text:
CANESTRARI S./CORNACCHIA L./ DE SIMONE G., Diritto penale. Parte generale, 2. Ed., Il Mulino, 2017
Further reading:
G. Jakobs, Critica del concetto di dolo, Editoriale Scientifica, Napoli, 2025