Law of criminal evidence

Course objectives

Knowledge and understanding: Students are expected to demonstrate an adequate knowledge of the sources of evidentiary law, understanding their regulatory principles and practical dynamics. They should also show comprehension of the foundations of inferential reasoning and the most common logical fallacies. Applied knowledge and understanding: Students must be able to apply the theoretical framework acquired during the course to the resolution of controversial issues addressed in the case-based component of the program. Independent judgment: Students should be able to integrate the knowledge gained during the course with their prior understanding of procedural law, both criminal and civil. Communication skills: Through participation in the course, students must develop the ability to argue their viewpoints on discussed cases in a logically and legally sound, clear, and effective manner, engaging in dialogue with the instructor and peers. Learning skills: Students must demonstrate that they have internalized the knowledge necessary to continue studying the subject autonomously and to apply it in practice, using its regulatory principles and key institutions for reconstructive or critical purposes.

Channel 1
FRANCESCO CAPRIOLI Lecturers' profile

Program - Frequency - Exams

Course program
The course is structured in two parts. The first, institutional in character, will set out the foundations of evidentiary reasoning in criminal matters (theories of truth; models of inferential reasoning; findings of fact and rulings of law; the triadic structure of evidence; decision standards; doctrinal classifications), as well as the principal institutions of contemporary evidence law (the party-disposition principle in matters of proof; the principle of acquisition; free evaluation of the evidence vs. legal proof; maxims of experience and facts of common knowledge; scientific evidence; digital evidence; artificial intelligence). In the second part, adopting a case-based approach, the instructors will analyse and discuss with students judicial decisions (on the merits and on points of law, or originating from international sources) in order to reconstruct their inferential schemes and assess the influence that evidentiary doctrine may have exerted on the solutions adopted.
Prerequisites
Criminal Procedure is regarded as foundational. It is recommended that students have already passed the examinations in Philosophy of Law and Civil Procedure. A basic working knowledge of English is advisable.
Books
- P. Ferrua, La prova nel processo penale, vol. I — Struttura e procedimento, Giappichelli, 2017 (only the sections indicated in class); - handouts and teaching materials to be provided during the course. Erasmus students and students with Specific Learning Disorders (DSA) may inform the instructor of their needs and agree on either an alternative programme or the adjustments necessary for the proper conduct of the examinations.
Frequency
Students will be deemed “attending” if they have participated in at least 70% of classes. The procedures for recording attendance will be explained at the start of the course.
Lesson mode
The course will be delivered through lectures, with, where appropriate, supplementary in-depth seminars given by guest lecturers. In the second part, the instructor will facilitate discussion of the cases, which will otherwise be addressed through student-led, in-class debate.
  • Lesson code10611931
  • Academic year2025/2026
  • Courselaw
  • CurriculumSingle curriculum
  • Year2nd year
  • Semester2nd semester
  • SSDIUS/16
  • CFU9