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.

Module of Criminal Law I (General Part, A-L): covers the general part of criminal law and, in particular, the most significant core of the theory of crime, from constitutional principles to the analysis of crime, forms of manifestation and the system of penalties. The general part is the basis for the reading of all incriminations. Lectures will take place in presence and at a distance, and will focus on constant reference to legislative texts, case law and examples. The analysis of cases and judgments will form the basis for a review of the general part and the learning of the legal qualification of facts. The course does not aim to analytically 'explain' the programme, but to delve into the really decisive aspects to orient oneself in the general part, which is a dense universe of conceptual, normative, cultural, technical and even political connections that make the study of criminal law particularly complex, but also interesting.

Private law and constitutional law.

The course is conducted through face-to-face lessons. Attendance is not compulsory and in any case does not entail any programme 'discounts' if certified.

Oral assessment with intermediate tests held in order to understand whether or not the students have understood what was said during the course. At the end of the course, the expected result is that the student is able to pursue the study of criminal law, and in particular to have acquired the tools to break down the constituent elements of the individual offences covered by the Criminal Law II course into their constituent elements.

Lectures and analysis of court cases and theoretical examples; learning tests at the end of the lecture. The Criminal Law I course aims to teach the constitutional principles of criminal law and the constituent elements of the offence, in order to enable the student to read each incriminating case within the framework of principles and categories common to doctrine and jurisprudence. The application of the general part to cases and indictments of the special part will be promoted through constant reference to theoretical examples and practical cases. The expected result at the end of the course is that the student will have developed a sufficiently autonomous ability to analyse the constituent elements of the offence, having at his disposal an academic culture of guarantees and principles such as to endow him with the critical sense to face the problems of qualification and framing of the criminally relevant conduct and the sanctioning risk connected to it.