Student guide Faculty of Law A.Y. 2007/08

Criminal Procedural Law - Criminal Procedural Law: Companies
Supplementary work
Students intending to switch from first- and second-level courses to the long-cycle (five-year) degree course who have already taken both parts of the exam will be required to attend specifically organised seminars to obtain the 2 additional credits needed. The seminar timetable will be announced at the beginning of the year.
Aim of the course
The course  is divided into two parts:
- 1st semester: Criminal Procedural Law
- 2nd semester: Criminal Procedural Law: companies 
The institutional presentation of criminal procedural law will be illustrated by means of systematic analysis of the most significant institutions, from the notitia criminis to the formation of the judgment and the subsequent criminal enforcement stage.
The contents of the lectures will always include the most significant parts of all legislation relating to criminal procedure, including the law relating to the criminal jurisdiction of the Justice of the Peace; students will also be periodically informed of the decisions of the Constitutional Court, new legislative provisions, the most important judgments of the Combined Sections of the Court of Cassation and, if appropriate, the relevant judgments of the courts ruling on the merits.
This course will illustrate the institutions and provisions contained in different statutes of the Criminal Code, which consequently have special procedural aspects and involve special offences, distinct from the general ones laid down by the Criminal Procedure Code.
In particular, the examination of what can be defined as special criminal procedural law will relate broadly to the following offences: financial offences, tax offences, environmental offences, and health and safety offences.

The course will consist of traditional lectures focusing on the following subjects:

1. Sources of criminal procedural law.
2. Criminal procedural law in time and space.
3. The legal system
4. Parties.
5. Acts.
6. The evidence system.
7. Interlocutory measures.
8. Preliminary investigations conducted by the Public Prosecutor and defence lawyers, and the preliminary hearing.
9. Special procedures.
10. The judgment of first instance before the full bench or single-judge court, and before the Justice of the Peace.
11. The system of ordinary and extraordinary appeals.
12. The judgment, and its efficacy inside and outside the criminal trial.
13. Criminal enforcement.
1.  Criminal proceedings against organisations for “administrative” liability pursuant to Legislative Decree no. 231/2001.
2.  Criminal proceedings for corporate, bankruptcy and tax offences.
3.  Criminal proceedings for environmental offences (air and water pollution, waste disposal).
4.  Criminal proceedings for health and safety offences.
Oral exam at the end of the course.
Students are advised to take the Criminal Procedural Law exam after taking, and preferably passing, the following exams: Constitutional Law, Private Law Institutions, Criminal Law and Civil Procedural Law.
Reading list
Students may use either of the following textbooks to study for the exam:
·         Tonini, P., Manuale di procedura penale, Giuffrè, Milan, 7th ed., 2006 (or later).
·         Conso, G., Grevi, V., Compendio di procedura penale, Cedam, Padua, 3rd ed., 2006 (or later).
·         Siracusano D., Galati A., Tranchina G., Zappalà E., Diritto processuale penale, Vols. I-II, Giuffrè, Milan, 2006 (or later).
 The institutional textbook may be supplemented by study of the part relating to the administrative liability of organisations, based on a text which will be announced at the beginning of the academic year.
Updated reading lists may be supplied during the course.
Students may use any available edition of the Criminal Procedure Code, provided that it is up to date and includes the most significant constitutional law and supranational law texts, especially the European Convention on Human Rights and the corresponding protocols, and the International Covenant on Civil and Political Rights.
The following edition is recommended:
·         Fiandaca, G., Giarda, A., Codice penale. Codice di procedura penale. Leggi complementari, Ipsoa, Milan, 11th ed., 2007, updated online.
The course, and therefore the exam, will cover subjects not found in a single volume. The reading list will therefore consist of a number of extracts, which will be announced at the start of lectures.