Criminal procedure and new technologies
- A.A. 2024/2025
- CFU 8, 8(m)
- Ore 40, 40(m)
- Classe di laurea LMG/01, L-14(m)
Basic knowledge of Constitutional Law and Criminal Law.
The course aims at giving students full knowledge and awareness about how technological tools are used in the field of criminal justice and how they affect procedural forms and basic safeguards and rights. At the end of the course the students are expected to know the main uses and opportunities of new technologies in criminal proceedings, their impact on acts, forms, results and basic safeguards, and the main legislative solutions that can be used to harmonize new technologies with the efficiency and efficacy of criminal proceedings. At the end of the course the students are expected to understand and use appropriately the basic notions an technical terminology of this field, and to be able to present them in a clear and correct manner.
The course will develop the main issues of the impact of new technologies on criminal justice, mainly on the perspective of the possible impact on fundamental rights and basic safeguards. Under this perspective, a specific attention will be given to: personal freedom (electronic surveillance), forms of acts (instruments and tools to draft the records), investigations (interceptions, facial recognition, video surveillance, GPS monitoring), evidence (remote examination of witnesses, telematic hearings, digital evidence), decisions and judgement (artificial intelligence and decision making processes). The course will take into consideration the european legal framework in this field and will eventually involve the analysis of the most relevant experiences in other countries systems, also taking into account the most important case law, practical problems and public debates and discussions on the main critical issues.
Texts and materials will be suggested by the teacher on the teacher's webpage and made available by the professor in the Faculty.
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Interactive lessons, use of audio-video materials, problem solving through practical cases analysis.
The final exam is sustained in English and can be both written and oral and it will be composed of: a structured intermediate test (multiple choice) on subjects developed during the lessons (assessed by thirties); a final oral test, where the students will answer one or two questions (open ended) about other subjects of the course (assessed by thirties according to the criteria listed below). The topics the written test will be about will be published on the teacher's webpage in due time.
The final mark will be the result of the weighed average of the two marks as per the following proportion: 2/3 of the final mark for the written test; 1/3 for the oral exam.
For students who do not want to take the intermediate test, the final exam will be oral and the students will have to answer three questions (open ended) about subjects of the course; the mark will be expressed by thirties using the following criteria.
Evaluation criteria are: completeness of information (70% of the assessment), critical awareness of problems (5%), correct use of technical terminology (15%), public speaking ability (10%).
The course is totally carried out in English.
English