The course aims to provide students with a basic understanding of European criminal procedure and some essential concepts of restorative justice.

- Council of Europe and European Union in criminal matters: concepts, roles and differences;
- The European Court of Human Rights system and its role in criminal proceedings;
- The principle of mutual recognition;
- The protection of fundamental rights in criminal proceedings and the directives of the so-called Stockholm Programme (in particular, Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings);
- The European Arrest Warrant;
- The European Investigation Order;
- The European Public Prosecutor's Office;
- An overview of restorative justice.

None.

A) Knowledge and understanding - The student must show to have a suitable knowledge of the sources of the Italian criminal trial and the ability of understanding of its constitutional and international principles and he also must show his understanding of its translation offered by the criminal procedure laws.

B) Applying knowledge and understanding - The student must show to be able to apply his knowledge by formulating possible interpretative solutions on controversial issues relating to criminal procedural law.

C) Making judgements - The student must show to be able to integrate knowledge of criminal procedure law institutes with those of the constitutional and European right, as well with those of similar disciplines (es. judicial system, penitentiary right, civil and administrative trial right) and to make critical judgments on the basis of this interdisciplinary platform.

D) Communication skills - The student must show to be an active part in seminars, groupworks and in any planned activities in the living law laboratories, he must also show to be able to explain clearly and effectively the reached conclusions on the argumentative plan, dealing with teachers and with colleagues.

E) Learning skills - The student must show to have developed the learning skills to continue the study of the criminal procedure on his own and that he has the means to understand the main criticalities of the system and possible reforms to amend them. 

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Guided exercises, seminar meetings, self-assessment tests during the course, visits to one or more Italian penitentiary institutions.

Teaching

Lectures, seminar meetings.

Part of the classes (up to one third of the hours) will be held online, in accordance with the provisions of Ministerial Decree no. 1835 of 6 December 2024.

Innovative teaching methods

For some topics: flipped classroom, debate.

Attendance

Attendance is not mandatory.

Attendance is fixed at two-thirds of the lectures.

Course books

• K. Ambos - P. Rackow (eds.), The Cambridge Companion to European Criminal Law, Cambridge University Press, 2023, limited to the following chapters: 1, 2, 6 (only pages 131-135, 139-144 and 153), 10 (only pages 242-253), 11, 12 (only pages 283-285 and 289-305), 17;
• S. Allegrezza - L. Bernardini, Directive 2010/64/EU on the Right to Interpretation and Translation in Criminal Proceedings, in M.G. Coppetta (ed.), Immigration, Personal Liberty, Fundamental Rights, Wolters Kluwer-Cedam, 2023, pages 121-135 (available online: https://hdl.handle.net/11576/2704990);
• Autorità Garante per l'Infanzia e l'Adolescenza, Restorative Justice in the Juvenile Criminal System. National Survey on Effects, Programmes and Services, Ministero della Giustizia - Istituto degli Innocenti, 2024, limited to pages 23-25, 30-32, 43-47, 67-69, 91-93, 98, 100-109, 172-183 (available online: www.garanteinfanzia.org/sites/default/files/2025-01/restorative_justice_.pdf).

Attending students may replace some parts of the textbooks with the slides that the lecturer will present in class and make available on Blended.

Assessment

Oral examination. This method is considered more suitable for verifying not only student's proficiency of legal institutions and "paranormative" regulations, but also student's communicative ability, critical attitude and technical skills.

The assessment criteria and related marks are determined according to the following scale:

less than 18: insufficient level of competence. The candidate does not achieve any of the learning outcomes set out under ‘knowledge and understanding’;

18-20: sufficient level of competence. The candidate achieves the learning outcomes specified under ‘knowledge and understanding’;

21-23: level of competence fully sufficient. The candidate achieves the learning outcomes stipulated under ‘knowledge and understanding’ and ‘applied knowledge and understanding’;

24-26: good level of competence. The candidate achieves the intended learning outcomes at the points ‘knowledge and understanding’; ‘knowledge and understanding applied’ and ‘independent judgement’;

27-29: very good level of competence. The candidate achieves the expected learning outcomes at the points ‘knowledge and understanding’, ‘knowledge and understanding applied’, ‘autonomy of judgement’ and ‘communication skills’;

30 and 30 cum laude: excellent level of competence. The candidate fully achieves the learning outcomes set out at the points ‘knowledge and understanding’; ‘knowledge and understanding applied’; ‘autonomy of judgement’; ‘communication skills’ and ‘ability to learn’.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Teaching

Use the didactic material available on the Moodle platform: blended.uniurb.it| Nuova Finestra.

Attendance

Attendance is not mandatory.

Attendance is fixed at two-thirds of the lectures.

Course books

• K. Ambos - P. Rackow (eds.), The Cambridge Companion to European Criminal Law, Cambridge University Press, 2023, limited to the following chapters: 1, 2, 6 (only pages 131-135, 139-144 and 153), 10 (only pages 242-253), 11, 12 (only pages 283-285 and 289-305), 17;
• S. Allegrezza - L. Bernardini, Directive 2010/64/EU on the Right to Interpretation and Translation in Criminal Proceedings, in M.G. Coppetta (ed.), Immigration, Personal Liberty, Fundamental Rights, Wolters Kluwer-Cedam, 2023, pages 121-135 (available online: https://hdl.handle.net/11576/2704990);
• Autorità Garante per l'Infanzia e l'Adolescenza, Restorative Justice in the Juvenile Criminal System. National Survey on Effects, Programmes and Services, Ministero della Giustizia - Istituto degli Innocenti, 2024, limited to pages 23-25, 30-32, 43-47, 67-69, 91-93, 98, 100-109, 172-183 (available online: www.garanteinfanzia.org/sites/default/files/2025-01/restorative_justice_.pdf).

Assessment

Oral examination. This method is considered more suitable for verifying not only student's proficiency of legal institutions and "paranormative" regulations, but also student's communicative ability, critical attitude and technical skills.

The assessment criteria and related marks are determined according to the following scale:

less than 18: insufficient level of competence. The candidate does not achieve any of the learning outcomes set out under ‘knowledge and understanding’;

18-20: sufficient level of competence. The candidate achieves the learning outcomes specified under ‘knowledge and understanding’;

21-23: level of competence fully sufficient. The candidate achieves the learning outcomes stipulated under ‘knowledge and understanding’ and ‘applied knowledge and understanding’;

24-26: good level of competence. The candidate achieves the intended learning outcomes at the points ‘knowledge and understanding’; ‘knowledge and understanding applied’ and ‘independent judgement’;

27-29: very good level of competence. The candidate achieves the expected learning outcomes at the points ‘knowledge and understanding’, ‘knowledge and understanding applied’, ‘autonomy of judgement’ and ‘communication skills’;

30 and 30 cum laude: excellent level of competence. The candidate fully achieves the learning outcomes set out at the points ‘knowledge and understanding’; ‘knowledge and understanding applied’; ‘autonomy of judgement’; ‘communication skills’ and ‘ability to learn’.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.