A) DUTIES AND FUNCTIONS OF CRIMINAL LAW.
- The principle of legality; the crisis of the reserve of law; jurisprudential law; national legality and European legality;
- Formal and substantive definition of the offense.
- The concept of legal good. The "constitutional" theory of the legal good.
- Subjects.
- The responsibility of collective bodies. Hints.
- The techniques of structuring criminal offenses that raise problems of constitutionality.
- The principles of criminal policy. The fragmentary nature of criminal law.
- The general theory of the crime and the analysis of the components of the crime.
- The bipartite and tripartite concepts of crime.
- The typical fact as the first level of the structure of the crime.
- The classical model and the importance of the teleological method.
- The conscience and will of the action;
- The notion of event in criminal law.
- The causal relationship. The different theories. The notion of the objective imputation of the event.
- The SS. UU. Franzese; criminal law in the presence of science;
- Substantive foundation and discipline of the causes of justification.
- In particular self-defense; legitimate home defense;
- The principle of guilt and art. 27, 1st and 3rd co., Const.
- Strict responsibility.
- The concept of guilt and the theories of punishment.
- Imputability as the ability to understand and want;
- The culpable offense.
- The definition of willful crime. The different forms of fraud. The possible malice;
- Discipline of the error.
- The preterintention;
- The forms of manifestation of the crime;
- The system of sanctions.
B) PENITENTIAL EXECUTION.
- The constitutional principles.
- The surveillance judiciary and the subjects of the penitentiary administration.
- Treatment of the condemned.
- Alternative measures to detention.
- Criminal execution against minors.
- European law and the prison system.