Syllabus Diritto processuale penale (Criminal Procedural Law) a.a. 2025/2026 (in lingua inglese)
COURSE OF STUDY LMG/01 – Law
ACADEMIC YEAR 2025/2026
COURSE TITLE Criminal Procedural Law
| Main Course Information | |
| Academic Year | IV |
| Teaching Period | 1st Semester (September 23, 2025 – October 30, 2025) 2nd Semester (February 24, 2026 – April 24, 2026). The 1st semester will consist of 35 hours of lectures, equivalent to 5 credits. The 2nd semester will consist of 63 hours of lectures, equivalent to 9 credits. |
| University credits (CFU/ETCS) | 14 |
| SSD | GIUR-13/A- Criminal Procedural Law |
| Language of instruction | italian |
| Attendance | optional |
| Teacher | |
| Name and surname | Giuseppe Tabasco, Researcher t.d. (b)
Department of Law, Economics, and Sociology |
| Email address | giuseppe.tabasco@unicz.it |
| Phone number | |
| Office |
Office No. 10, on the ground floor, at the Department of Law, Economics and Sociology |
| Virtual headquarters |
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. |
| Receipt | Wednesday from 3:00 PM to 5:00 PM |
| Teaching Organization | ||||
| Hours | ||||
| Total | Classroom teaching |
Hands-on practice (lab, field, exercises, other) |
Individual study | |
| 350 | 98 | 252 | ||
| CFU/ETCS | ||||
| 14 | 14 | |||
| Educational Objectives |
The course aims to provide students with in-depth knowledge of basic national and European legal culture in criminal procedure, 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 the contexts in which they are used, including with the use of IT tools; exegetic skills, case study analysis, legal qualification, understanding, representation, evaluation, and awareness to address interpretative and applicative issues of criminal procedural law; The course provides basic tools for updating and deepening one’s skills. It is therefore structured to enable students to acquire full analytical, interpretative, and reconstructing skills in legal institutions, in accordance with the professional objectives it is specifically designed to achieve. |
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Prerequisites |
Students must already have a general understanding of the fundamental principles of constitutional law and criminal law. |
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| Teaching Methods |
The course consists of 98 hours of classroom teaching. Seminars may be held to explore specific topics in greater depth. |
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| Expected Learning Outcomes
To be specified for each Dublin Descriptor
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Trough the study of all procedural disciplines, students will be expected to underhstand the fundamentals of the domestic procedural system. In particular, they will acquire the ability to understand the procedural dimension as a tool for protecting rights; knowledge of jurisdictional activity, criminal proceedings, and related requirements, including from the perspective of supranational sources.
1. Knowledge and Understanding (DD1) The student will acquire a thorough understanding of the structural characteristics of criminal proceedings and the fundamental criteria that govern them, including in relation to the principles of reference contained in the Constitutional Charter and the International Charters of Human Rights. 2. Applied Knowledge and Understanding (DD2) The student will be able to apply the knowledge acquired to the analysis of concrete cases, also in light of the examination of the diverse – or conflicting – orientations of doctrine and jurisprudence. 3. Critical and Judgmental Skills (DD3) The student will acquire independent judgment in the use of data and regulatory tools, developing a personal capacity for critical evaluation of criminal procedural 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 criminal procedural system, freeing themselves from the standardizing approach inherent in the uncritical use of legal databases. 4. Communication Skills (DD4) The student 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) The sudent 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 postgraduate professional development or research. |
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| Teaching Contents (Program) | Outlines of the Italian Criminal Procedure. – I. Introduction to the study of criminal procedural law. History and ideologies of the Italian criminal procedure. – II. The adaptation of domestic law to European sources. – III. The protagonists of the trial. – IV. The documents. – V. The body of the right to evidence. General provisions. – VI. Means of evidence. – VII. Means of obtaining evidence. – VIII. Precautionary measures. – IX. Precautionary measures. – X. Preliminary investigations. – XI. The preliminary hearing. – XII. Special proceedings. – XIII. Ordinary proceedings. – XIV. Proceedings before the Court of First Instance with a single judge. – XV. Criminal proceedings before the Justice of the Peace. – XVI. The procedure for determining corporate liability. – XVII. Juvenile criminal proceedings. – XVIII. Appeals in general. – XIX. The appeal. – XX. The appeal for annulment. – XXI. The final judgment. – XXII. Appeals to the European Court of Human Rights. – XXXIII. Extraordinary means of appeal. – XXIV. Criminal enforcement. – XXV. European criminal area and international judicial cooperation. – XXVI. European arrest warrant and extradition. – XXVII. Letters rogatory. – XXVIII. International judicial cooperation in enforcement.
Possible distinction between syllabus for attending and non-attending students. A specific syllabus covering the topics covered during the course will be published for attending students at the end of the course. |
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| Reference texts | O. DOMINIONI – P. CORSO – A. GAITO – G. SPANGHER – N. GALANTINI – L. FILIPPI – G. GARUTI – O. MAZZA – G. VARRASO – D. VIGONI, Criminal Procedure, G. Giappichelli Editore, Turin, latest edition;
or SCALFATI – A. BERNASCONI – A. DE CARO – M. MENNA – C. PANSINI – A. PULVIRENTI – N. TRIGGIANI – C. VALENTINI – D. VIGONI, Manual of Criminal Procedural Law, G. Giappichelli Editore, Turin, latest edition; or P. TONINI – C. CONTI, Manual of Criminal Procedure, Milan, Giuffrè Editore, latest edition. |
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| Notes on reference texts | ||
| Learning materials | ||
| Assessment | |
| Methods of Assessment | The final exam will be oral. There will be no interim assessments for exemptive purposes. To pass the exam, students must demonstrate sufficient knowledge of the entire program and the ability to express it in satisfactory syntax and technical language. Failure to meet these basic requirements, either in whole or in part, will result in a negative assessment of the exam and therefore the student will not be eligible to pass the exam. Once these minimum requirements have been verified, the student’s assessment, aimed at determining the final grade (from 18 to 30), will be carried out using the following parameters. |
| 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 |
| Criteria for measuring learning and awarding the final grade | 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. |
| Other | |
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