COMPARATIVE CRIMINAL LAW

COMPARATIVE CRIMINAL LAW

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Code
55600
ACADEMIC YEAR
2020/2021
CREDITS
6 credits during the 3nd year of 7995 LAW (LMG/01) GENOVA

6 credits during the 3nd year of 10842 LEGAL SERVICES IN BUSINESS AND PUBLIC ADMINISTRATION (L-14) GENOVA

SCIENTIFIC DISCIPLINARY SECTOR
IUS/17
LANGUAGE
Italian
TEACHING LOCATION
GENOVA (LAW)
semester
2° Semester
Teaching materials

OVERVIEW

The comparative criminal law deals with the study of the criminal law of some of the main European legal systems in order to compare features, similarities and differences. The course is addressed to students who wish to acquire a knowledge of the general principles of criminal law in force in English, French, Spanish systems, in order to carry out professional activities in international bodies or institutions, in law firms or companies of international scope.

AIMS AND CONTENT

LEARNING OUTCOMES

Comparative analysis of the English, French and Spanish penal systems, with particular reference to the fundamental principles, the structure of the crime, the forms of the crime and the penal sanctions. Analysis of the characteristics and differences of statute law and common law systems. Notes on the Scottish legal system as a bulwark of the common law and on the Maltese codification, an example of compromise between the two systems.

AIMS AND LEARNING OUTCOMES

The course of comparative law aims, in a first part, to provide students with an overview of the main characteristics of the civil law and common law criminal systems, in order to highlight the differences and points of contact, that have become more pronounced over time. During the lectures the analysis will be deepened with a look at the sources of Scottish criminal law, due to the fact that today it is the purest common law system and less contaminated by civil law, and the Maltese codification, example of a compromise between common law principles and civil law principles. In the second part, the course focuses on the institutions of the general part (sources, structure and forms of the crime, sanctioning system) of English, Spanish, French  criminal law.

Individual study, attendance and participation in the proposed training activities will enable the student to:

  • Understand the differences between civil law and common law criminal systems;
  • Understand that at present common law systems tend more and more to leave room for civil law and, at the same time, civil law systems to apply the principles of legal reserve and prohibition of analogy in a less rigorous way;
  • Interpret and identify the main general criminal provisions present in the Spanish, French criminal codes, as well as in the common law and the English statute law;
  • Understand and critically assess, with autonomy of judgment, the recent reforms of the Spanish and French sanctioning systems;
  • Read and examine critically, with autonomy of judgment, laws, handbooks and scientific articles of English, Spanish, French criminal law.

PREREQUISITES

Knowledge of languages, at least the English language

Teaching methods

The course consists of lectures, for a total of 36 hours (6 CFU), during which the main institutions of general criminal law are presented and analyzed and law cases are presented. Interested students will also be able to propose and present to the class further cases that lend themselves to being the subject of a collective discussion.

SYLLABUS/CONTENT

Analysis of the differences and similarities of the civil law and common law systems, with particular regard to the guarantees and their effectiveness in terms of legality (reserve of law, non-retroactivity, determination, prohibition of analogy). Scottish penal system: sources. Process of codification of the Maltese penal code of 1854, an example of a compromise between common law and statute law. Comparative analysis of the main institutions of the general part (sources, structure and forms of crime, imputability, sanctioning system) of English, Spanish, French criminal law.

RECOMMENDED READING/BIBLIOGRAPHY

For attending students the program consists of the notes related to the topics covered in class by the teacher. Any additional material is indicated during the course. Support handbook:Palazzo-Papa, Lezioni di diritto penale comparato, 3^ edizione, Giappichelli, 2013, pp. 103-207.

For not attending students: Palazzo-Papa, Lezioni di diritto penale comparato, Giappichelli, 2013, pp. 103-207; Vinciguerra, Diritto penale inglese comparato. I principi, 2^ edizione, Cedam, 2002, pp. 71-115, 195-205, 235-322, 397-463, 501-531, 551-560.

TEACHERS AND EXAM BOARD

Ricevimento: Tuesday and Thursday 9-12 a.m.    Dipu via Balbi 30/1

Exam Board

ANTONELLA MADEO (President)

ANNAMARIA PECCIOLI

LORENZA VACONDIO (Substitute)

ILARIA ZANNONI (Substitute)

ILENIA SICCARDI (Substitute)

GABRIELE PONTEPRINO (Substitute)

RACHELE DE STEFANIS (Substitute)

FIORENZA ORIANA (Substitute)

LESSONS

Teaching methods

The course consists of lectures, for a total of 36 hours (6 CFU), during which the main institutions of general criminal law are presented and analyzed and law cases are presented. Interested students will also be able to propose and present to the class further cases that lend themselves to being the subject of a collective discussion.

LESSONS START

I semester from September 14th to December 4th 2020
II semester from February 15th to May 7th 2021

EXAMS

Exam description

The exam takes place in oral form and consists of several questions relating to the comparison of the discipline of general-level institutions (elements of the crime, forms of crime, imputability, sanctioning system) in force in the English, French and Spanish systems; as well as the analysis of characteristics, differences and similarities of civil law and common law systems.

Assessment methods

The exam aims to verify the actual knowledge and acquisition by the students of the institutes of the general part of the English, French and Spanish criminal law, as well as its ability to interpret the reference standards in their application in practical cases. Through theoretical-general questions and the proposal of concrete cases, it will be verified if the student is able to:

- identify and define legal concepts, using an appropriate technical language;

- identify, distinguish and apply the main regulatory provisions about crime, its forms, sanctioning system;

- translate and understand the main regulatory texts as well as the texts of the judgments.

Exam schedule

Date Time Location Type Notes
27/05/2021 08:15 GENOVA Orale
10/06/2021 08:15 GENOVA Orale
23/06/2021 08:15 GENOVA Orale
08/07/2021 08:15 GENOVA Orale
09/09/2021 08:15 GENOVA Orale