law

The course develops the analysis of the institutions of the general part of criminal law, with references also to the special part. Specifically, the lectures are structured as follows: First Thematic Unit: The Principles of Criminal Law (20 hours) 1.Criminal law, the offence, and its categories 2.Criminal norm and offence 3.Interpretation and analogy 4.Interpretation and the autonomy of criminal law. Coordination among branches of law. Interpretation and the “crisis of legality” 5.Concurrence of criminal norms and structural relations among offences 6.The effect of criminal law over time 7.The effect of criminal law in space 8.The effect of criminal law with respect to persons. International criminal law Second Thematic Unit: The Structure of the Offence (32 hours) 9. The structure, elements, and theories of the offence 10. The principle of materiality. The act. The event 11. The principle of offensiveness. The legal interest protected. The event as harm 12. Conduct 13. Causal link 14. The passive subject and the active subject 15. The notion of unlawfulness (antigiuridicità) 16. Regulation of justifying circumstances 17. Specific justifying circumstances 18. The principle of culpability. Forms of psychological attribution. The “consciousness and will” of conduct 19. Intent (dolo) 20. Negligence (colpa) 21. Error 22. Divergence between intended and actual outcome. Aberratio and strict liability 23. Imputability and exigibility 24. Justifying circumstances excluding criminal liability 25. Concluding remarks. The structural conception of the offence Third Thematic Unit: Forms of Manifestation of the Offence and the Sanctioning System (20 hours) 26. Circumstances of the offence and typical expressions of criminal propensity 27. Attempt 28. Participation in crime 29. Concurrence of offences 30. Punishment and criteria for its determination 31. Limits of punishability 32. Security measures 33. Other consequences of crime 34. General aspects of corporate criminal liability

Knowledge of public law is essential, and knowledge of private law is advisable

1) G. Marinucci, E. Dolcini, G.L. Gatta, Manuale di Diritto penale. Parte generale, Giuffrè Francis Lefebvre, ult. ed. 2) G. Fiandaca, E. Musco, Diritto Penale. Parte generale, ult. ed. 3) F. Palazzo, Corso di diritto penale, Giappichelli, ult. ed. 4) D. Pulitanò, Diritto penale, Giappichelli, ult. ed. In addition to one of the selected manuals, M. Gambardella, Il tempo nelle relazioni tra norme incriminatrici, Giappichelli, 2025

The lessons are conducted frontally by the teacher through the illustration of the general principles of criminal law and the constituent elements of the crime. During the course there is ample space for discussion with students. In-depth seminars on the topics covered in the classroom are also organized in order to make the preparation of the subject more complete.

Attendance is suggested but not mandatory

The exam consists of a single oral test, lasting approximately 30 minutes. To achieve a passing grade (18/30), the student must first demonstrate knowledge of the general principles of criminal law; secondly, the candidate must present an understanding of the individual elements constituting the offence and of the institutions pertaining to the general part of criminal law. In order to obtain a higher grade, the student must also demonstrate the ability to apply legal reasoning, expressing themselves with appropriate and accurate legal terminology. The exam is awarded the highest grade (30/30 with honors) if the candidate shows particular ability in developing in-depth analyses and in establishing logical and coherent connections among the various institutions. For incoming international mobility students, it is mandatory to take the exam in Italian on the program required for all students.

F. ANTOLISEI, Manuale di diritto penale, parte generale, Giuffrè, 2003 A. CADOPPI – P. VENEZIANI, Elementi di diritto penale, parte generale, Cedam, 2021 G. FIANDACA - E. MUSCO, Diritto penale, parte generale, Zanichelli, 2019 F. MANTOVANI, Diritto penale, parte generale, Cedam, 2020 G. MARINUCCI - E. DOLCINI – G. GATTA, Manuale di diritto penale, Giuffrè, 2022 T. PADOVANI, Diritto penale, Giuffrè Francis Lefebvre, 2019 F. PALAZZO- R. BARTOLI, Corso di diritto penale, Giappichelli, 2023

The lectures are delivered in a traditional format by the professor, through the explanation of the general principles of criminal law and the constituent elements of the offence. Ample space is also given to discussion with students during the course. In addition, in-depth seminars on the topics covered in class are organized, in order to provide a more comprehensive preparation in the subject.