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Workshop - common law - criminal procedure

Programma a.a. 2025/2026

Prof.ssa Chiara Fanuele

LANGUAGE OF TEACHING

English

CONTENTS

The first part of the course aims to illustrate the general principles of Common law systems, starting from the analysis of the methodology and the purpose of comparison.

The second part of the course focuses on the comparative study of criminal procedure in

Italy and common law systems, with specific regard to investigation and pretrial, trial and

appeals. The last part of the course is dedicated to the law of evidence.

REFERENCE TEXTS

1.       J. Sprack, A practical approach to Criminal Procedure, XV ed., Oxford University Press, Oxford, 2015.

2.       D. Feldman, English public law, II ed., Oxford University Press, Oxford, 2009,

pp. 965 – 1057 (English Criminal Procedure, by L.H. Leigh).

3. D.S. Clark – T. Ansay, Introduction to the laws of the United States, II ed., Kluwer law international, The Hague, London, New York, 2002, pp. 339 – 371 (Criminal Procedure, by C. L. Blakesley).

The books are available at the law library. Further material (case law, statutes and articles) will be made available and discussed in class.

LEARNING OBJECTIVES

The expected learning outcomes of the course consist in the comparative analysis of current procedural law in Italy and in Common law systems, in order to bring out the homogeneity of models and, at the same time, some substantial differences in the respective regulations.

PREREQUISITES

A good knowledge of English is required.

TEACHING METHODS

The course is based on lectures. The teaching methodology includes the graphic representation of practical cases, in order to promote the best comprehension of the institutions and of their dynamic application.