.- Criminal Law II
PROF. FRANCESCO CENTONZE
COURSE AIMS
This specialised course on criminal law intends to build on the basics learnt when
studying general principles and to focus on a critical analysis of individual crimes.
COURSE CONTENT
The risk society and legal science. Epochal change in contemporary society (in
particular industrial development) and hazardous substances, technological risk
and the crisis in financial capitalism) and the role of criminal law.
The freedom-security balance in contemporary society. The separation between the
guilty and the innocent as a watershed between democracy and
authoritarian/totalitarian states. Criminal law and evidence-related issues. The
protection of the innocent and the principle of beyond reasonable doubt. The
relationship between criminal law, civil law and administrative law. The
backwardness of civil and administrative law.
Judges and science. The role of scientific uncertainty in judicial decisions (with a
focus on the following issues: causal nexus and its proof; the construction of
crimes of endangerment, imputability and the evolution of psychiatry with special
reference to neuroscience, and liability of psychiatrists).
Criminal law called into question. Criminal law and industrial development:
attempts to make the classic scheme of criminal law more flexible. Medical
liability, criminal law and civil law.
Criminal law and complex organisations: organisational origins of errors, business
crimes and criminal law for scapegoats. Disasters and organisational errors. The
origins of errors in health organisations. Criminal liability of legal persons and
organisational models.
The crisis of legality in Italy. The phenomenon of corruption: an empirical and
criminological analysis. The ‘mini-system’ of crimes of corruption in the Criminal
Code: the main legal difficulties. The reforms introduced by Law No. 190/2012.
During lessons the lecturer will organise “criminal law clinics”, in other words, inclass discussion of documents relating to criminal trials in which some of the
issues tackled in the course will be debated.
READING LIST
All students, whether attending lectures or not, will sit the exam on the portions of the
books, articles and judgments indicated in detail by the lecturer, which – except for the
books – will be available as a handout from the university photocopying centre.
Students will be required to know the latest provisions of the Constitution, the Criminal
Code and the other legislation referred to during the course that are pertinent to the course
programme. Therefore, an up-to-date version of the Criminal Code containing the main
complementary laws is necessary.
TEACHING METHOD
Lectures and possibly seminars.
ASSESSMENT METHOD
Final oral examination designed to check knowledge of the essential concepts and a critical
awareness of issues.
NOTES
The topic must be studied closely with the basic general principles of criminal law,
knowledge of which is a prerequisite.
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.