BERGAMO
Overview
Date/time interval
Syllabus
Course Objectives
The course is designed to provide students with an in-depth knowledge and understanding of the fundamental principles and core institutions of the General Part of Criminal Law. This objective is pursued through the study of the legislative framework, academic scholarship, and case law, as well as the interpretative arguments underlying the application of criminal law provisions. Particular attention is also devoted to the historical and philosophical development of criminal law and to the principal theoretical models of legal reasoning, especially the dogmatic approach characteristic of the Continental legal tradition, compared with the case law-based methodology of the common law tradition.
The course adopts a case-based teaching methodology, with constant reference to practical legal issues arising in contemporary judicial practice. Its purpose is to equip students with the analytical and methodological skills required for the legal professions to which the degree programme is directed.
The argumentative approach of the course is intended to foster students' critical thinking and to enable them to resolve interpretative controversies independently, applying legal reasoning that is both methodologically sound and consistent with the legal system, particularly with its constitutional principles and fundamental guarantees.
By the end of the course, students will have acquired a systematic understanding of the distinctive features of criminal law, with particular emphasis on the guarantee function of its fundamental principles and on the core categories of the General Theory of Crime. They will also have developed an awareness of the importance of critically analysing and thoroughly understanding the principal doctrines and institutions of substantive criminal law.
Course Prerequisites
Compulsory prerequisites are published on the Degree Programme website under the Study Plan section, in the Prerequisites subsection.
Teaching Methods
Assessment Methods
acquired a scientifically rigorous and methodologically sound approach to the study of the topics covered in the course;
engaged critically with the prescribed readings and, for attending students, with the issues discussed during lectures, demonstrating an appropriate and critical use of legal sources;
developed the ability to discuss the principal themes of the course with clarity, critical awareness, and well-reasoned legal argumentation.
Attending students are eligible for a partial exemption from the final examination syllabus, covering Chapters XXXI to XXXVIII of the prescribed textbook.
Contents
• Constitutional Principles of Criminal Law: the principles of legality, personal culpability, harm (offensiveness), and the rehabilitative purpose of punishment.
• General Theory of Crime
• Actus reus (typicality): conduct, result, causation, intent (dolus), negligence (culpa), preterintentional offences, and strict liability.
• Unlawfulness: grounds of justification (defences).
• Culpability: criminal capacity, culpability, awareness of wrongdoing, excuses, and mistake of fact.
• Punishability: objective conditions of punishability, grounds excluding punishment, with particular emphasis on the doctrine of particular tenuousness of the offence.
• Forms of Criminal Liability
• • Attempt.
• Participation in crime (complicity and joint criminal enterprise).
• Crimes of omission, with particular reference to improper omission offences.
• Apparent concurrence of criminal provisions (conflict of norms).
• Concurrence of offences (multiple offences).
• Aggravating and mitigating circumstances.
• Sentencing: principles governing the determination of punishment.
• Criminal sanctions: penalties and security measures.
• Grounds for the extinction of criminal liability and of punishment.
• Preventive measures.
• Corporate criminal liability (liability of legal persons for criminal offences).
Online Resources
More information
Reference text:
CANESTRARI S./CORNACCHIA L./ DE SIMONE G., Diritto penale. Parte generale, 2. Ed., Il Mulino, 2017
During the course, attending students will be assigned additional up-to-date reading materials to supplement the required textbook and to reflect recent legislative developments.