90
Criminal Procedural Law
REGGIO DI CALABRIA
Overview
Date/time interval
Syllabus
Course Objectives
The course aims to provide a foundational knowledge of criminal procedure, with particular attention to its historical and political layers, constitutional principles, systematic structure, and the most recent interpretative issues.
As a learning outcome, students are expected to:
a) be familiar with the structure of criminal proceedings and their main doctrinal components;
b) be able to identify, on an institution-by-institution basis, the issues underlying the solutions adopted by the legislature and the principles that informed them;
c) have developed the critical capacity to recognize the close relationship between the cultural context and the applicable legal framework.
Course Prerequisites
To be admitted to the examination in Criminal Procedure Law, students must have passed the examination in Criminal Law in at least the preceding examination session.
Teaching Methods
The course is delivered through lectures held in both the first and second semesters, according to the schedule published on the University website in the instructor’s personal page (Unifind – Arturo Capone – Useful Resources), which specifies the topics covered on a day-by-day basis.
Enrollment in the Microsoft Teams group “LMG/01 – Diritto processuale penale” (code: 9n1k2vt) is recommended.
Attendance for the entire course is not compulsory; however, it is essential for a full understanding of the principles governing criminal procedure and for grasping the logical and systematic connections among its various institutions. Regular attendance is therefore strongly recommended.
Attendance, as recorded by the instructor, entails that the examination will also cover the topics discussed in greater depth during the lectures. Whenever possible, the examination will be conducted by the course instructor.
Exclusively for attending students who have participated in at least 70% of the lectures, a mid-term exam will be held before the beginning of the second semester, covering the material addressed during the first semester. The result of this mid-term exam will be taken into account in determining the final grade, provided that the required attendance rate is maintained during the second semester and the final examination is taken within the summer session.
Throughout the academic year, students will also be encouraged to participate in seminars and conferences.
For attending students, film screenings on topics related to criminal procedure will be organized.
At the end of the course, attending students will be invited to observe a criminal trial hearing.
Assessment Methods
Students are advised to structure their preparation as follows:
a) carefully study the textbook "Introduzione al processo penale. Storia, cultura e princìpi", in order to assimilate the fundamental issues and guiding principles of criminal procedure;
b) read the entire manual once, without devoting excessive time to memorization, focusing primarily on understanding the overall structure of the system;
c) study the manual in depth a second time;
d) attend office hours to request clarification on concepts that remain unclear;
e) review and commit to memory both the introductory text and the manual in a final round of study.
The minimum overall time required to achieve adequate preparation is estimated at no less than two months.
The examination will be conducted as an oral interview.
The interview will begin with an initial question aimed at verifying the student’s understanding of the general principles and fundamental structures of criminal procedure (with particular reference to "Introduzione al processo penale. Storia, cultura e princìpi").
Passing the first question is a prerequisite for proceeding with the remainder of the examination.
Subsequent questions will focus on the substantive provisions illustrated in the Manual.
The final grade will be awarded on the basis of the following criteria:
Fail: Inadequate knowledge of the structure of criminal proceedings, of their fundamental principles, and of the main stages into which they are articulated.
18–21: Sufficient knowledge of the structure of criminal proceedings, of their fundamental principles, and of the main stages into which they are articulated.
22–24: Good knowledge of the structure of criminal proceedings, of their fundamental principles, and of the main stages into which they are articulated.
25–27: Good knowledge of the structure of criminal proceedings, of their fundamental principles, and of the stages into which they are articulated; sufficient ability to identify, with regard to the rules examined, the issues to which the legislature seeks to respond.
28–30: Excellent knowledge of the structure of criminal proceedings and of their fundamental principles, and good knowledge of the stages into which they are articulated; good ability to identify, with regard to the rules examined, the issues to which the legislature seeks to respond.
30 cum laude: Excellent knowledge of the structure of criminal proceedings, of their fundamental principles, and of the stages into which they are articulated; full awareness, with regard to the rules examined, of the issues to which the legislature seeks to respond.
Texts
- Capone, A., Introduzione al processo penale. Storia, cultura, princìpi (a.a. 2025-2026) (published on the University website in the instructor’s personal page: Unifind section – Arturo Capone – Risorse utili section).
- Conti, C. – Tonini, P., Manuale di procedura penale, 26th ed., Milano, Giuffrè Francis Lefebvre, 2025 – (sections concerning corporate criminal liability and relations with foreign judicial authorities may be omitted).
- Continuous consultation of an up-to-date printed Code of Criminal Procedure is required. For an illustration of the internal connections within the Code, the following is recommended:
- Codice sistematico di procedura penale, a cura di H. Belluta, M. Gialuz e L. Luparia, Torino, Giappichelli, 2025..
Contents
The course in Criminal Procedure Law addresses the main issues of the theory and history of criminal proceedings, focuses on the principles derived from the relevant constitutional provisions, and is dedicated to the systematic study and exegesis of the Code of Criminal Procedure.
The topics covered are the following:
- Culture of the trial
- History of the trial
- The 1988 Code
- Criminal proceedings today
- Criminal proceedings and the Constitution
- Procedural acts
- The participants in the proceedings
- Precautionary measures
- Preliminary investigations
- The preliminary hearing
- Special proceedings
- Trial at first instance
- Appeals
- Final judgment
The course does not include proceedings involving legal entities or relations with foreign judicial authorities.
More information
SPECIAL ARRANGEMENTS
Working students, students with children, and students who are more than three years beyond the standard duration of the degree program may, while still being required to cover the same syllabus and recommended textbooks, divide the final examination into two parts.
First part: Introduction to Criminal Procedure, Participants, Procedural Acts, Evidence, Precautionary Measures (Conti–Tonini, Parts 1–2).
Second part: Investigations and Preliminary Hearing, Trial, Special Proceedings, Appeals, Enforcement (Conti–Tonini, Parts 3–6).
Students intending to take advantage of this option must send an e-mail to the instructor at least ten days before the selected examination date for the first part, specifying their name and student number, and indicating—and, where possible, documenting—their condition. It is not necessary to register through Esse3 for the first part.
For the second part, students must register regularly through Esse3. The final grade will be determined on the basis of the assessments obtained in both parts of the examination.
The second part must be taken no later than the examination session immediately following that in which the first part was completed.