Syllabus Analisi applicata di Diritto e Procedura penale ( Applied Analysis of Criminal Law and Procedure) a.a. 2025/2026 (in lingua inglese)

Department of Law, Economics, and Sociology

Office No. 10, on the ground floor, at the Department of Law, Economics and Sociology

Upon request to be sent to the email address giuseppe.tabasco@unicz.it, it is possible to arrange remote student office hours on the Google Meet platform.

Hands-on practice (lab, field, exercises, other)

The course aims to provide students with in-depth knowledge of basic national and European legal culture regarding preventive measures and preventive procedures, including case study techniques and methodologies, in relation to topics useful for understanding and evaluating principles or institutions; historical knowledge that allows for the evaluation of institutions from a diachronic perspective; the ability to draft clear, relevant, and effective procedural documents, well-argued and relevant to their contexts, including through the use of IT tools; exegetical skills, case study analysis, legal qualification, comprehension, representation, evaluation, and awareness to address interpretative and applicative issues in criminal procedural law; and the basic tools for updating and deepening their skills. It is therefore structured to enable students to acquire full capacity for analyzing, interpreting, and reconstructing legal institutions, in accordance with the professional objectives it is specifically designed to achieve.

It is desirable that the student has already acquired a general knowledge of the fundamental principles of constitutional law, private law, criminal law, and criminal procedural law.

The course consists of 42 hours of classroom instruction.

Seminars may be held to explore specific topics in greater depth.

Attendance is not mandatory, but it is highly recommended for a guided approach to the topics covered.

To be specified for each

Dublin Descriptor

1. Knowledge and Understanding (DD1)

Students will acquire an in-depth understanding of the structural characteristics of preventive measures and their application process, including in relation to the principles contained in the Constitutional Charter and the International Charters of Human Rights.

2. Applied Knowledge and Understanding (DD2)

Students will be able to apply the knowledge acquired to the analysis of concrete cases, also in light of an examination of the diverse – or conflicting – orientations of doctrine and jurisprudence.

3. Critical and Judgmental Skills (DD3)

Students will acquire independent judgment in the use of data and regulatory tools, developing a personal capacity for critical assessment of prison issues, relevant case law, and practice. Students will therefore develop the ability to propose personal and independent interpretative solutions, consistent with the values of the prison system, freeing themselves from the standardizing approach inherent in the uncritical use of legal databases.

4. Communication Skills (DD4)

Students will acquire the ability to use correct and appropriate specialized technical language to convey complex legal content to both specialists (such as legal professionals) and non-specialists (such as their clients), both orally and in writing, even in interdisciplinary contexts.

5. Ability to pursue independent study throughout one’s life (DD5)

Students will acquire methodologies and techniques, such as textual analysis aimed at identifying the rationale behind legal data and the context of individual provisions within the legal system, which will enable them to connect the problem and the system, also with a view to a postgraduate professional career or research activities.

I. Preventive measures: definition and function. – II. Individual “personal” preventive measures. – III. New models of preventive measures. – IV. Proactive investigations. – V. The hybrid nature of the prevention system. – VI. Anomalies in the preventive procedure. – VII. Relationships with criminal proceedings. – VIII. Preventive action. – IX. Investigation. – X. Judgment. – XI. The evidentiary regime. – XII. Appeals. – XIII. Res judicata. – XIV. Revocation or modification of definitive preventive measures. – XV. The asset prevention procedure. – XVI. Asset investigations. – XVII. Precautionary seizure. – XVIII. Chamber of Commerce adversarial proceedings and the protection of third parties. – XIX. Appeals and enforceability. – XX. Revocation of confiscation. – XXI. Synergies between criminal proceedings and preventive proceedings.

Recommended texts for studying the subject are:

1. G. FIANDACA-E. MUSCO, Criminal Law. General Part, 9th ed., Zanichelli Editore, Bologna, 2024, Preventive Measures, pp. 929-947;
2. S. BUZZELLI-R. CASIRAGHI-F. CASSIBBA-L. PRESSACCO-G. UBERTIS-F. ZACCHÉ, System of Criminal Procedure. Persons, Instruments, Rites, edited by G. Ubertis, 3rd ed., Giuffré, Milan, 2025, Section Seventeen. Preventive Procedure, pp. 957-1000.

The final exam will be oral. There will be no interim tests that exempt students from passing the exam. To pass the exam, students must demonstrate sufficient knowledge of the entire program and the ability to express it in satisfactory syntactic and technical language. Failure to meet these basic requirements, in whole or in part, will result in a negative assessment of the exam and therefore the student’s ineligibility to pass the exam. Once the minimum requirements have been established, the student’s assessment, aimed at determining the final grade (from 18 to 30), will be carried out using the parameters listed below.

Assessment Criteria

Knowledge and Understanding:

Unsuitable if the candidate has significant deficiencies and significant inaccuracies.

Grade:

18-20

If the candidate has a threshold level and has obvious imperfections.

Grade: 21-23

If the candidate has routine knowledge.

24-26

If the candidate has good knowledge.

27-29

If the candidate has more than good knowledge.

30

If the candidate has excellent knowledge.

Making Judgements:

Unsuitable if the candidate has frequent generalizations and an inability to summarize.

Grade:

18-20

If the candidate has only adequate skills.

21-23

If the candidate is capable of correct analysis and synthesis, as well as logical and coherent argumentation.

24-26

If the candidate expresses arguments coherently and has good analysis and synthesis skills.

27-29

If the candidate has notable analysis and synthesis skills.

30

If the candidate has excellent analysis and synthesis skills.

Communication skills

Failed if the presentation is completely inappropriate. Grade:

18-20

If the quality of the presentation is barely adequate

21-23

If the quality of the presentation is standard

24-26

If the quality of the presentation is above standard

27-29

If the presentation demonstrates that the topics have been thoroughly explored

30

If the presentation demonstrates that the topics have been thoroughly explored in a specific and critical manner.

To achieve honors, it is, in any case, necessary to demonstrate having developed a high level of independent judgment and strong argumentative and expository skills.