law

The course will focus on the function that the criminal trial has always carried out as an indispensable "tool of solution" for every democratically organized society, caught between the need to judge (and possibly punish) and the impossibility to reach the certainty of truth: the trial represents the shared cognitive itinerary which allows the judge to pass from the res iudicanda to the res iudicata, and the community to accept this decision as a conventional "procedural truth". Constitutional and supranational coordinates which trace the fundamental features of our criminal trial will therefore be treated, with the aim of examine the compatibility of those principles with the main procedural legal institutes. In an ideal and progressive approach to the code pattern, some of the main open exegetical questions and of the most important jurisprudential controversies will be critically analyzed. Particular emphasis will be placed on issues concerning the impartiality of the judge, the nature and powers of the public prosecutor, the defense right of the accused and of the other private parties, the reasonable duration of the trial, the precautionary measures system, the special criminal proceedings, the trial and the formation of the evidence in the contradictory, the evaluation of the evidence, the appeals. The course final target will not be to provide the greatest number of notions, but to encourage students to be aware of the technical and value choices that characterize our legal system, as well as to develop an autonomous critical skill. Learning outcomes A) Knowledge and understanding - The student must show an adequate knowledge of the sources of the Italian criminal trial and of its legal institutes. The student must also demonstrate the ability to understand the rationale and implications of the constitutional and supranational principles of the subject and their normative translation. It must also be aware of the main critical questions of the discipline in force and understand the positive aspects and contraindications of the solutions adopted by the lawmaker. B) Applying knowledge and understanding - The student must be able to apply the acquired knowledge by formulating possible interpretative solutions to controversial criminal procedure questions, taking into account the different doctrinal and jurisprudential positions, with which he must be able to "speak critically". C) Making judgments - The teaching aims to encourage the student to autonomously judge, urging him to avoid a passive acceptance of the stances expressed by the manual or by the teacher. D) Communication skills - The student must be able to communicate the knowledge acquired using an adequate technical language, which is essential in a juridical context. He must also be able to show the conclusions he has reached in a clear and effective way, comparing himself with the teachers and colleagues. For this purpose is suggested to take part to seminars, group work and any activities planned in the living law laboratories. E) Learning skills - The student must show that he has developed the learning skills necessary to continue the study of the criminal trial in an autonomous way and to have the tools that allow him to grasp the main critical points of the system (and the reforms needed to fill them).