DIRITTO PROCESSUALE PENALE PROGREDITO

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA VA
Academic year when starting the degree: 
2017/2018
Year: 
5
Academic year in which the course will be held: 
2021/2022
Course type: 
Compulsory subjects, characteristic of the class
Seat of the course: 
Varese - Università degli Studi dell'Insubria
Credits: 
6
Period: 
First Semester
Standard lectures hours: 
35
Detail of lecture’s hours: 
Lesson (35 hours)
Requirements: 

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Oral exam.
Evaluation of the oral exam is based on the following criteria: knowledge and understanding of the subject matter; logical organization of ideas; accuracy of language and overall effectiveness.

Assessment: 
Voto Finale

The main objective of this course will be to outline the structure and function of the law of evidence. The course views the law of evidence through the lens of constitutional principles. The first part of the course will examine the most important provisions of european law in the field of criminal evidence.
The second part of the course will examine the role of scientific evidence in criminal courts. Last forty years has seen considerable growth in the use of statistics in criminal proceedings. One area of particular interest is Bayes’ theorem
The course will examine the CSI effect and the influence of forensic crime television on criminal trial.
Upon the completion of the course students should be able to understanstand the rationale underlying the rules of evidence and should have the learning skills to undertake further studies in the field of criminal procedure. Students are also supposed to have developed good communication skills and the ability to use their knowledge in decisionmaking processes.

Models of criminal justice systems; sources of the rules of criminal procedure and criminal evidence.
Theory of evidence. General dispositions. Improper obtained evidence.
Types of scientific evidence. Neuroscientific evidence in the courtroom
Admissibility of scientific evidence.

Application of Bayes’ theorem for legal decision
Trial by media. Free press vs fair trial.
Law of evidence and European law
Rules of judgment and reasoning behind a decision.

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P. FERRUA , La prova nel processo penale, ed. Giappichelli, volume I, ultima edizione ( esclusi i capitoli II, IV, VI, VII,VIII, XII)
E. AMODIO, Estetica della giustizia penale Prassi media fiction, ed Giuffrè, 2016
R. KOSTORIS, Procedura penale europea, ed Giuffrè, ultima edizione ( per l’edizione 2019: Parte IV, Capitolo III, Ricerca e formazione della prova, SEZIONI I e III)

Convenzionale

The course will consist of 35 hours of lectures with plenty of opportunities for discussing in class the materials assigned. Students should bring an updated code of criminal procedure.

Office hours

Prof.ssa Elena Maria Catalano receives at the end of every lesson.