- F. Mantovani, Diritto penale. Parte speciale, Delitti contro la persona, VIII ed., 2022, limited to the following parts: Cap. I, parr. 10, 11,12; Cap. II; Cap. III, Cap. IV, par. 41; Cap. V, parr. 44, 54, 55, 56, 57, 58, 59, 60; Cap. VII, parr. 66, 70, 71, 72, 73;
- F. Mantovani, Diritto penale. Parte speciale, Delitti contro il patrimonio, VIII ed., 2021, limited to the following parts: Cap. I, parr. 5, 6, 7, 8, 9, 10, 11; Cap. II; Cap. III, parr. 27, 28, 29, 35, 36, 37, 38, 39, 40.
Alternatively:
- Sussidiario di diritto penale, parte speciale (freely available at https://discrimen.it/ipertesti/sussidiario-di-diritto-penaleparte-speciale-rev/), excluding Chapters 26 and 27.
Learning Objectives
KNOWLEDGE
Knowledge of the nature and extent of the special part of criminal law, the structure of the special part norms, how they are born and their function. Awareness of the problems posed by the interplay of the general and special part of criminal law, by the criminal code’s peculiarities and by the issues relating to decodification of criminal law. Technical, but also critical, knowledge of the criminal law sectors and specific crimes covered by the syllabus.
ABILITIES
Ability to qualify – by virtue of a solid technical and legal methodology – criminally relevant facts. Ability to link general and special part provisions, in order to be able to understand in their entirety the conditions for criminal liability. Ability to interpret the incriminating norms, with full awareness of their particular structure and function.
SKILLS
Skill to frame and solve - with regard to the criminal law sectors studied - the problem of criminal liability and of correct legal characterization of the facts; ability to independently acquire knowledge and therefore properly frame similar problems, also with reference to criminal law sectors not covered by the syllabus. Ability to process and verify the validity of the reasoning aimed at supporting various arguments and interpretative options
Prerequisites
Students must have passed the following exams: Constitutional law I; Private law I. It is strongly recommended having previously passed Criminal law I
Teaching Methods
Classes are taught mainly through lectures, but also through the discussion of case law, which will be studied with the help of scholarly elaboration and settled cases. Students are constantly encouraged to express their opinions and to compare what they already know with the new knowledge acquired through the classes and individual study. A specific seminar will be held to showcase how to use the main legal databases for bibliographic, scholarly and case law research, which will be useful both to prepare for the exam and to write one’s thesis.
Further information
For the assignment of degree theses in "Criminal Law II" priority will be given to students effectively attending the classes. Please see "Vademecum per la redazione della tesi di laurea" on Moodle.
Type of Assessment
There are no distinctions between attending and non-attending students.
The exam will consist of an oral examination designed to measure knowledge of the entire syllabus. Specifically, the student will be asked two/three questions. The committee will express on each of these a separate assessment that will grade correctness, completeness and clarity of the answer. This evaluation will be immediately made known to the student.
The teacher may ask a fourth question when the previous answers leave a margin of doubt about the evaluation to be assigned, for example because of a significant difference in the evaluation of the previous answers. The candidate may always read, explain and comment the Penal Code during the exam.
Course program
The programme includes:
1) The special part of criminal law: notion, functions, articulations, contents;
2) Crimes against the human being (Articles 575-615-ter c.p.); Crimes against property (Articles 624-649 c.p).
Sustainable Development Goals 2030
This course contributes to the realization of the UN objectives of the 2030 Agenda for Sustainable Development