Criminal Law I
GR. A-K: PROF. GABRIO FORTI; GR. L-Z: PROF. MARTA BERTOLINO
Group A-K: Prof. Gabrio Forti
COURSE AIMS
The course seeks to study criminal issues and principles not only in strict
connection with the fundamental constitutional principles but also within an
interdisciplinary setting of an ‘integrated’ criminal framework, i.e. studying legal
concepts with the associated empirical, social and criminal sciences. An essential
point for understanding the general theory of crime is a reflection on the notion of
punishment and imprisonment. Although dedicated mainly to the general principles
of criminal law, lectures and tutorials will refer to many examples of specific
crimes (frequently citing leading cases decided by the courts) and take account of
the political-criminal debate on the reform of criminal law.
COURSE CONTENT
FIRST PART
– The distinctive features of “criminal” law. The idea of punishment and
reparation. Prison as an indispensible element of criminal reflection. The ‘selfawareness’ of prisoners.
– Ethics, morality and criminal law.
– Criminal policy and criminal dogma.
– The idea of 'integrated criminal science' and the relationship between criminal
law and criminology.
– Fundamental issues and principles of the criminal system. Legality and
subsidiarity of criminal law.
– The protection of the innocent and the safeguarding of victims.
– The interpretation of criminal law, legal positivism and strict interpretation.
– Legal interests and the principle of offensiveness.
– The theory of punishment.
SECOND PART
– Criminal law in totalitarian, authoritarian and liberal-democratic States: the
principles on criminal law enshrined in the Italian Constitution and
international conventions.
– The effectiveness of criminal law over time: technological, scientific and social
evolution, and the evolution of criminal laws through the centuries.
– Relationship between substantive law and the law of evidence, in particular the
relationships between criminal law on the one hand and civil law, civil
procedure and administrative law on the other.
– Rules of evidence in criminal and civil trials.
– The Europeanisation-Internationalisation of the principles of criminal law.
– Globalisation and the principles of territoriality and universality.
– The structure of crime.
– The classic notion of criminal law events: harm and actual risk of harm.
– Criminal law and abstract harm and criminal law and conduct.
– The distinction among the various types of crime.
– Substantive law and proving the elements of a crime.
– Criminal law and scientific knowledge.
– Causation.
– Intention. Negligence. Defences. Vicarious liability.
– Error of fact and error of law: the relationship between authority and liberty.
– Strict liability.
– The circumstances of the offence.
– Attempted crimes.
– Concurrent offences.
– Complicity in a crime.
– Administrative offences and corporate liability for crimes.
THIRD PART
– The system of sanctions: general outline and principles.
– The deterrent function served by the sentence compared to the function served
by sanctions in other legal areas.
– Constitutional provisions on punishment. The notion of rehabilitation and its
implications. Legality and discretion in responding to crime. The principle that
the punishment must fit the crime.
READING LIST
Students who have regularly attended lectures (and tutorials) may prepare for the exam
based on lecture notes and tutorial notes. For the parts of the course not addressed at lectures
and tutorials, students should use the following textbook:
G. FIANDACA-E. MUSCO, Diritto penale. Parte generale, Zanichelli, Bologna, 2009 (6th ed. or latest
edition available).
Students who have not attended lectures regularly should prepare for the examination using
the following textbook:
G. FIANDACA- E. MUSCO, Diritto penale. Parte generale, Zanichelli, Bologna, 2009, 6th ed. or latest
edition available).
In addition to the above textbook, students not attending lectures must also read:
F. STELLA, Giustizia e modernità, Milan, 2003, 3rd ed.
One or more of the following books is recommended for those who wish to gain a deeper
insight into the basic principles of criminal law:
F. STELLA, La giustizia e le ingiustizie, Il Mulino, Bologna, 2006.
F. STELLA, Leggi scientifiche e spiegazione causale nel diritto penale, Giuffrè, Milan, 2000, 2nd ed.
A. ARENDT, Responsabilità e giudizio, Einaudi, Turin, 2004.
E. WIESNET, Pena e retribuzione: la riconciliazione tradita, Giuffrè, Milan, 1987.
L. EUSEBI (ed.), La funzione della pena: il commiato da Kant e da Hegel, Giuffrè, Milan, 1989.
Other reading material dedicated to an in-depth analysis of issues will be specified during
the academic year.
The exam will presuppose knowledge of the relevant constitutional and criminal law
provisions, constant referral to which in an up-to-date criminal code is highly recommended,
including during lectures.
TEACHING METHOD
Lectures. Tutorials (including moot trials, where students are requested to analyse and
discuss trials at lectures), preceded by introductory lessons on hermeneutics, judicial
rhetoric and legal research methods. Visits to prisons. Conferences held by academics and
judges on topical criminal questions. Students who so wish may also participate in further
series of dedicated lessons or seminars of criminal or criminological interest during the
academic year for which the Faculty may decide to award credits. Amongst them, again in
the 2014-15 academic year, will be the series of seminars on “Giustizia e Letteratura” (Law
and Literature).
ASSESSMENT METHOD
Mainly through an oral examination at the end of the academic year.
NOTES
Degree theses in Criminal Law will only be assigned to students who have obtained a
grade of at least 27/30 in the final exam and preferably have also passed the exam in
Criminology.
Further information can be found on the lecturer's webpage at
http://docenti.unicatt.it/web/searchByName.do?language=ENG or on the Faculty notice
board.
Group L-Z: Prof. Marta Bertolino
COURSE AIMS
The course will give students a solid grounding in the general issues and principles
of criminal law and an outline of the Italian criminal justice system, with particular
reference to constitutional principles. Special attention will be paid to the key
categories of crimes through an analysis of examples of the most important crimes
in each area so as check their elements and validity in light of an interdisciplinary
reading of the situation and one that is teleologically oriented towards punishment
and its function. The system of sanctions will be examined, taking account also of
recent reforms in the criminal system.
COURSE CONTENT
PART I
Fundamental issues and principles of the criminal system.
– The distinctive features of “criminal” law. The idea of punishment and
reparation.
– Criminal law and its relationship with the political system and other areas of the
legal system.
– Relationship between substantive law and the law of evidence, in particular the
relationships between criminal law on the one hand and civil law, civil
procedure and administrative law on the other.
– The idea of “integrated criminal science” and the relationship between criminal
law and criminology.
– The deterrent function served by the sentence compared to the function served
by sanctions in other legal areas.
– The formation of the Italian criminal system. The Rocco Code. Constitutional
principles. Subsequent evolution.
PART II
Criminal laws.
– Legality of criminal law and principles that crimes must be established by law.
– The interpretation of criminal law, legal positivism and strict interpretation.
– The effectiveness of criminal law over time: technological, scientific and social
evolution, and the succession of criminal laws through the centuries.
PART III
Crimes.
– The structure of a crime.
– The classic notion of criminal law events: harm and actual risk of harm. Legal
interests and the principle of offensiveness.
– Criminal law and abstract harm and criminal law and conduct.
– The distinction among the various types of crime.
– Substantive law and proving the elements of a crime.
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Criminal law and scientific knowledge.
Causal nexus.
Defences.
Vicarious liability. Intention. Negligence.
Error of fact and error of law: the relationship between authority and liberty.
Strict liability.
The circumstances of the offence.
Attempted crimes.
Concurrent offences.
Joint offenders.
Administrative offences and corporate liability for crimes.
PART IV
The system of sanctions: general outline and principles.
– The system of sanctions. In particular, imprisonment and the awareness by
offenders of their wrongdoing
– The system of sanctions envisaged by the Rocco Code: general outline
(sentences and security measures, custodial sentences and fines).
– Constitutional provisions on punishment. The notion of rehabilitation and its
implications. Legality and discretion in responding to crime. The principle that
the punishment must fit the crime.
– The evolution of the system of sanctions: general outline (the prison system,
decriminalisation, alternative punishments and the sentences that can be
imposed by the justice of the peace).
READING LIST
Students who have regularly attended lectures (and tutorials) may prepare for the exam
based on lecture notes and tutorial notes. For the parts of the course not addressed at lectures
and tutorials, students should use the following textbooks:
G. FIANDACA-E. MUSCO, Diritto penale. Parte generale, Zanichelli, Bologna (latest edition).
or
M. PULITANÒ, Diritto penale. Parte generale, Giappichelli, Torino (latest edition).
Students who have not attended lectures regularly should prepare for the examination using
all of the following textbook:
G. FIANDACA-E. MUSCO, Diritto penale. Parte generale, Zanichelli, Bologna (latest edition).
In addition to the above textbook, students not attending lectures must also read:
F. STELLA, Giustizia e modernità, Milan, 2003 (3rd ed.).
One or more of the following books is recommended for those who wish to gain a deeper
insight into the basic principles of criminal law:
F. STELLA, La giustizia e le ingiustizie, Il Mulino, Bologna, 2006.
F. STELLA, Leggi scientifiche e spiegazione causale nel diritto penale, 2nd ed., Giuffrè, Milan, 2000.
ARENDT, Responsabilità e giudizio, Einaudi, Turin, 2004
E. WIESNET, Pena e retribuzione: la riconciliazione tradita, Giuffrè, Milan, 1987.
Other reading material dedicated to an in-depth analysis of issues will be specified during
the academic year.
The exam will presuppose knowledge of the relevant constitutional and criminal law
provisions, constant referral to which in an up-to-date criminal code is highly recommended,
including during lectures.
TEACHING METHOD
Lectures. Tutorials (including moot trials) during which students are requested to
analyse and discuss trials at lectures). Visits to prisons. Conferences held by academics and
judges on topical criminal questions. Students who so wish may also participate in further
series of dedicated lessons or talks of criminal or criminological interest during the
academic year for which the Faculty may decide to award credits. Amongst which will be
the series of seminars on “Giustizia e Letteratura” (Law and Literature).
ASSESSMENT METHOD
Mainly through an oral examination at the end of the academic year.
NOTES
Further information can be found on the lecturer's webpage at
http://docenti.unicatt.it/web/searchByName.do?language=ENG or on the Faculty notice
board.