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Course description |
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The course includes a detailed treatment of institutions and of the various steps of the public criminal hearing, updated with the new legislative reforms and the main tendencies of the case law. The public hearing as set by the italian Code of Criminal Procedure is the heart of the basically adversarial system chosen by the italian lawmaker in 1989 and regulates the most important procedural mechanisms of verification of facts and acquisition of evidence. In the meantime the Code provides for the rules and regulations of the hearing of witnesses (the “controesame”, id est the anglo-saxon "cross examination") that put into practice the adversarial principles provided by the italian Constitution and by the European Court of Human Rights. |
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Prerequisites |
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It is useful the knowledge of the Criminal Code (the “Codice Penale”) and about the constitutional principles of the criminal trial, as well as the general rudiments of the criminal procedure. |
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Objectives |
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The course intends to teach the knowledge of the sequences of the criminal public hearing and of the acquisition of evidence under theoretical and practical aspects. |
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Program |
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The course develops the analysis, starting with the study of the principles of due process, of the constitutional structure of the acquisition of evidence; the preparation of the parties to the hearing stage (for example, setting strategies; preparation and content of the list of witnesses); the preliminary procedural stages of the trial; the duties of the judge in the admission of evidence; the constitution of the parties and the trial in absentia; the defense rights of the defendant; the strategies and techniques of cross examination; the rules and the evaluation of the objections of the parties during the oral exam; the rules of new evidence ordered by the judge or requested by the parties; the public reading of deeds and documents during the trial; the amendmend of the charges during the trial; the principle of correlation between charges and judgment; the decision-making stage and the basic parameters of the ruling by the Court. |
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Book |
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- GIORGIO SPANGHER - La pratica del processo penale, vol. 2 - CEDAM – 2012; - DE CATALDO NEUBURGER Luisella – Esame e controesame nel processo penale - CEDAM – 2008; - Codice di procedura penale aggiornato. |
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Exercises |
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The exercises have the purpose to verify the comprehension of thestudents and to discuss the case law |
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Professor |
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Professor not available
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