law

MARCO GAMBARDELLA

The course aims to explain general principles and legal institutions of criminal law, underlining the connections with the single offences.

Knowledge and understanding: The aim of the course is to provide students with an adequate knowledge of the constitutional principles of criminal law and of the analysis of criminal offences through their constituent elements, in light not only of the most authoritative scholarship in the field, but also of the case law developments of the Constitutional Court, the Court of Cassation, and supranational courts.
Applied knowledge and understanding: By the end of the lectures, students are expected to be able to apply the general principles of criminal law and the institutions pertaining to the so-called general part of criminal law.
Making judgments: Upon completion of the course, students are expected to have developed a sufficiently autonomous ability to analyze the constituent elements of criminal offences, in light of the constitutional principles of criminal law as well as of the most relevant national and supranational case law.
Communication skills: At the end of the course, students should be able to adequately present the notions of criminal law they have learned, demonstrating the ability to independently establish logical and legal connections within the subject, using appropriate legal terminology.
Learning skills: By the end of the course, students are expected to be able to continue their study of criminal law by building on the knowledge acquired, and in particular to have gained the tools necessary to decompose into constituent elements the individual criminal offences covered in the Criminal Law II course.

Knowledge of public law is essential, and knowledge of private law is advisable

The course develops the analysis of the institutions of the general part of criminal law, with references also to the special part.
Specifically, the lectures are structured as follows:
First Thematic Unit: The Principles of Criminal Law (20 hours)
1.Criminal law, the offence, and its categories
2.Criminal norm and offence
3.Interpretation and analogy
4.Interpretation and the autonomy of criminal law. Coordination among branches of law. Interpretation and the “crisis of legality”
5.Concurrence of criminal norms and structural relations among offences
6.The effect of criminal law over time
7.The effect of criminal law in space
8.The effect of criminal law with respect to persons. International criminal law
Second Thematic Unit: The Structure of the Offence (32 hours)
9. The structure, elements, and theories of the offence
10. The principle of materiality. The act. The event
11. The principle of offensiveness. The legal interest protected. The event as harm
12. Conduct
13. Causal link
14. The passive subject and the active subject
15. The notion of unlawfulness (antigiuridicità)
16. Regulation of justifying circumstances
17. Specific justifying circumstances
18. The principle of culpability. Forms of psychological attribution. The “consciousness and will” of conduct
19. Intent (dolo)
20. Negligence (colpa)
21. Error
22. Divergence between intended and actual outcome. Aberratio and strict liability
23. Imputability and exigibility
24. Justifying circumstances excluding criminal liability
25. Concluding remarks. The structural conception of the offence
Third Thematic Unit: Forms of Manifestation of the Offence and the Sanctioning System (20 hours)
26. Circumstances of the offence and typical expressions of criminal propensity
27. Attempt
28. Participation in crime
29. Concurrence of offences
30. Punishment and criteria for its determination
31. Limits of punishability
32. Security measures
33. Other consequences of crime
34. General aspects of corporate criminal liability

1) G. Marinucci, E. Dolcini, G.L. Gatta, Manuale di Diritto penale. Parte generale, Giuffrè Francis Lefebvre, ult. ed.
2) G. Fiandaca, E. Musco, Diritto Penale. Parte generale, ult. ed.
3) F. Palazzo, Corso di diritto penale, Giappichelli, ult. ed.
4) D. Pulitanò, Diritto penale, Giappichelli, ult. ed.
In addition to one of the selected manuals, M. Gambardella, Il tempo nelle relazioni tra norme incriminatrici, Giappichelli, 2025

F. ANTOLISEI, Manuale di diritto penale, parte generale, Giuffrè, 2003
A. CADOPPI – P. VENEZIANI, Elementi di diritto penale, parte generale, Cedam, 2021
G. FIANDACA - E. MUSCO, Diritto penale, parte generale, Zanichelli, 2019
F. MANTOVANI, Diritto penale, parte generale, Cedam, 2020
G. MARINUCCI - E. DOLCINI – G. GATTA, Manuale di diritto penale, Giuffrè, 2022
T. PADOVANI, Diritto penale, Giuffrè Francis Lefebvre, 2019
F. PALAZZO- R. BARTOLI, Corso di diritto penale, Giappichelli, 2023

The lectures are delivered in a traditional format by the professor, through the explanation of the general principles of criminal law and the constituent elements of the offence.
Ample space is also given to discussion with students during the course.
In addition, in-depth seminars on the topics covered in class are organized, in order to provide a more comprehensive preparation in the subject.

Attendance is suggested but not mandatory

The exam consists of a single oral test, lasting approximately 30 minutes.
To achieve a passing grade (18/30), the student must first demonstrate knowledge of the general principles of criminal law; secondly, the candidate must present an understanding of the individual elements constituting the offence and of the institutions pertaining to the general part of criminal law.
In order to obtain a higher grade, the student must also demonstrate the ability to apply legal reasoning, expressing themselves with appropriate and accurate legal terminology.
The exam is awarded the highest grade (30/30 with honors) if the candidate shows particular ability in developing in-depth analyses and in establishing logical and coherent connections among the various institutions.
For incoming international mobility students, it is mandatory to take the exam in Italian on the program required for all students.

1. What are the sources and regulation of the principle of legality (reservation of law)?
2. What does the object of intent (dolo) consist of?
3. What is meant by suitas?

• Criminal law, the offence, and its categories
  • Books: Marinucci, ch. 4


• Criminal norm and offence
  • Books: Marinucci, ch. 4


• Interpretation and analogy
  • Books: Marinucci, ch. 2


• Interpretation and the autonomy of criminal law. Coordination among branches of law. Interpretation and the “crisis of legality”
  • Books: Marinucci, ch. 2


• Concurrence of criminal norms and structural relations among offences
  • Books: Gambardella, ch. 3 and 4


• The effect of criminal law over time
  • Books: Marinucci, ch. 3


• The effect of criminal law in space
  • Books: Marinucci, ch. 3


• The effect of criminal law with respect to persons. International criminal law
  • Books: Marinucci, ch. 3


• The structure, elements, and theories of the offence
  • Books: Marinucci, ch. 5


• The principle of materiality. The act. The event
  • Books: Marinucci, ch. 6


• The principle of offensiveness. The legal interest protected. The event as harm
  • Books: Marinucci, ch. 6


• Conduct
  • Books: Marinucci, ch. 6


• Causal link
  • Books: Marinucci, ch. 6


• The passive subject and the active subject
  • Books: Marinucci, ch. 6


•  The notion of unlawfulness (antigiuridicità)
  • Books: Marinucci, ch. 7


• Regulation of justifying circumstances
  • Books: Marinucci, ch. 7


• Specific justifying circumstances
  • Books: Marinucci, ch. 7


• The principle of culpability. Forms of psychological attribution. The “consciousness and will” of conduct
  • Books: Marinucci, ch. 2 and 4


• Intent (dolo)
  • Books: Marinucci, ch. 8


• Negligence (colpa)
  • Books: Marinucci, ch. 8


• Error
  • Books: Marinucci, ch. 8


• Divergence between intended and actual outcome. Aberratio and strict liability
  • Books: Marinucci, ch. 8


• Imputability and exigibility
  • Books: Marinucci, ch. 8


• Justifying circumstances excluding criminal liability
  • Books: Marinucci, ch. 7


• Concluding remarks. The structural conception of the offence
  • Books: Marinucci, ch. 5


• Circumstances of the offence and typical expressions of criminal propensity
  • Books: Marinucci, ch. 12


• Attempt
  • Books: Marinucci, ch. 10


• Participation in crime
  • Books: Marinucci, ch. 10


• Concurrence of offences
  • Books: Marinucci, ch. 11


• Punishment and criteria for its determination
  • Books: Marinucci, ch. 13


• Limits of punishability
  • Books: Marinucci, ch. 9


• Security measures
  • Books: Marinucci, ch. 14


• Other consequences of crime
  • Books: Marinucci, ch.13


• General aspects of corporate criminal liability
  • Books: Marinucci, ch. 16