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Course 2021-2022 a.y.

50155 - CRIMINAL LAW - MODULE II (PATHS OF INTERNATIONALIZATION)

CLMG
Department of Law

Course taught in English

Go to class group/s: 31

CLMG (6 credits - II sem. - OBS  |  IUS/17)
Course Director:
ENRICO BASILE

Classes: 31 (II sem.)
Instructors:
Class 31: ENRICO BASILE


Suggested background knowledge

Although it is not mandatory to have previously attended classes of Criminal Law - Module 1 (General Part) , students should have a basic knowledge of the general part of criminal law, as well as EU Law and International Law.


Mission & Content Summary
MISSION

Criminal law, traditionally intended and construed as a pure domestic matter, is becoming more and more open to the influence of international and EU law. And this for at least two reasons. Firstly, the current state of the international human rights law as interpreted by some key actors, such as the European Court of Human Rights, limits the States' punitive powers in the criminalization choices as well as in their actual enforcement by police, prosecutors and courts, to an extent that would have been hardly imaginable only a couple of decades ago. Secondly, the number of international covenants and EU instruments that impose on States obligations to criminalize certain misconduct, and in general to harmonize their national criminal provisions for the sake of a more effective and coordinated fight against particularly serious offenses, is constantly increasing. The main aim of this course is to get students acquainted with the said supranational dimensions of criminal law, the proper command of which has become essential for every successful legal career.

CONTENT SUMMARY
  • International Human Rights Law and National Criminal Law: Patterns of Interaction.
  • The Role of Some Key Human Rights in the Criminal Law: Right to Life, Prohibition of Torture and Degrading/Inhuman Treatments, Nullum crimen, Right to Privacy, Freedom of Expression, Ne bis in idem.
  • The Harmonization of National Criminal Laws through International Conventions and EU Instruments: Patterns of Interaction.

Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Understand the fundamental patterns of the influence of international and EU law on domestic criminal law.
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Analyze cases and legal questions that arise from the interaction between international/EU law and domestic criminal law.

Teaching methods
  • Face-to-face lectures
  • Case studies /Incidents (traditional, online)
  • Group assignments
DETAILS

As to case studies, students are invited to read some materials uploaded each week in the Bboard platform and think about a number of legal questions before the lesson. During classes, each topic is introduced by the teacher and then discussed with students in class, on the basis of materials uploaded in the previous week. With respect to group assignments, each student who attend the lessons is expected to join a group of 4-5 people and work on an assigned topic, which shall be the object of: a) an oral presentation of 15-20 min. and b) a written essay (5.000-10.000 words): the oral presentation of each group is discussed with the whole class, while the written essay is due 3 days after each oral presentation.


Assessment methods
  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
  •     x
  • Group assignment (report, exercise, presentation, project work etc.)
  •   x  
  • Active class participation (virtual, attendance)
  • x    
    ATTENDING STUDENTS

    Students who have attended the course will be assessed on a three-step basis:

    1. individual written answers during lesson weeks: up to 3 ‘bonus’ points to round up their final grade
    2. group performance in the assignment, on the basis of both the oral presentation, the following discussion and the written essay (same grade for all group members): up to 12 points
    3. individual performance in a written exam, with two mandatory open questions on legal topics (1 hour time, no space limits): up to 18 points

    The final grade will derive from the sum of these three partial marks. Decimals will be rounded up to the higher whole number.

    NOT ATTENDING STUDENTS

    Students who will not attend the course are assessed on the basis of a written exam (1 hour time, no space limit) with 2 open questions (mandatory) plus an oral exam (10-15 minutes) with 2 open questions about the contents of the following textbook:

    H. Satzger, International and European Criminal Law, Beck - Hart - Nomos, 2nd ed. 2018, §§ 1-7, § 8 n. IV, §§ 9-14

    Students are required not only to demonstrate their knowledge of the notions contained in the textbook, but also the ability to elaborate them as tools to solve simple legal questions or hypotheticals.


    Teaching materials
    ATTENDING STUDENTS

    Students who attend the course are provided with all the relevant materials (including slides used during classes) for discussions, group assignments and written exam via the Bboard platform. For further reading (non-mandatory):

    • H. SATZGER, International and European Criminal Law, Oxford, Beck/Hart, 2nd ed. 2018, §§ 1, 5-7, 8 IV, 9.
    NOT ATTENDING STUDENTS

    H. SATZGER, International and European Criminal Law, Oxford, Beck/Hart, 2nd ed. 2018, §§ 1-7, § 8 IV, §§ 9-14.

    Last change 02/02/2022 10:13