National Prosecutors College China-EU School of Law. Beijing, June 11-15, 2009

Transcription

1 European Systems of Criminal Justice Ⅰ National Prosecutors College China-EU School of Law Beijing, June 11-15, 2009 Thursday, June 11 th :30 11:30 Basic Country Characteristics A General Overview of the Italian system Prosecutor. Structure and Status 14:00 17:00 Prosecutor. Tasks and Powers Prosecutorial discretion in a system based on the legality principle Courts. Constitutional Discipline, Organization, Interaction with Other Criminal Justice Institutions Friday, June 12 th :30 11:30 Preliminary Investigations in the Criminal Proceeding: The rights of Suspect 14:00 17:00 Preliminary Investigations in the Criminal Proceeding: Pre-trial detention Preliminary hearing

2 Saturday, June 13 th :30 11:30 Trial Law of evidence 14:00 17:00 Remedies The Application and Influence of the European Convention of Human Rights on the Italian Criminal Justice System Sunday, June 14 th :30 11:30 European Criminal Law: Procedure 1. A General Overview 2. Framework Decisions Adopted by EU in the Field of Criminal Justice Administration: European Arrest Warrant European Evidence Warrant Orders freezing property or evidence Confiscation orders 14:00 17:00 European Criminal Law: Crimes 1. Corruption 2. Organised Crime 3. Terrorism 4. Computer Crimes 5. Environment Crimes 6. Genocide and War Crimes

3 Monday, June 15 th :30 11:30 Italian Criminal Law: Money laundering Corruption 14:00 17:00 Italian Criminal Law: Transnational crimes Capital market crimes Teaching lecturers: (University of Bologna) Giulio Illuminati (Ancona, 1946) is professor of Criminal Procedure at the Law Faculty of the University of Bologna, where he was called in 1989, and Director of the Department of Juridical Sciences "Antonio Cicu". He is coordinator of the Ph.D. course in Criminal Law and Process. At present he is also lecturer in Criminal Procedure at the Law Faculty of the LUISS "G. Carli" in Rome. He is member of the editorial board of the review Cassazione penale, and coeditor of the series Procedura penale (Studi - Commenti - Nuovi itinerari) published by Giappichelli editore, Turin. He is vice-president of the Association of the scholars of Criminal procedure. He graduated in Law in 1969 at the University of Bologna where, in 1971, was granted a research fellowship, and afterwards he worked there as an assistant from 1974 to From 1980 to 1989 he was Professor at the University of Camerino, Faculty of Law, lecturing in Criminal Procedure and General Theory of the Process (as associate professor from 1982, as full professor from 1986) and became Director of the Public law Institute of the Faculty. In he was appointed as a member of the Committee for the reform of the Italian criminal process, established by the Minister of Justice, which drew up the current Code of Criminal Procedure. From 1996 to 1998 he was a member of the Committee for the revision of the Code of Criminal Procedure, and in 2000 he was a member of the Committee for the implementation of the bill on the criminal jurisdiction of the Justice of the peace. From 1991/92 to 2003/04 academic year he was coordinator of the Ph.D. course in Criminal Procedure of the University of Bologna. In 2007 he took part in the drafting of a bill for the reform of the Code of Criminal Procedure, as a member of the Committeee established by the Minister of Justice. His main research fields have so far concerned the constitutional rights of the accused, the rights of

4 the arrested person, and more recently, international and European criminal procedure. His main publications include La presunzione d'innocenza dell'imputato (1979) and La disciplina processuale delle intercettazioni (1982); he also contributed to the textbooks Casi e questioni di diritto processuale penale (1995), Compendio di procedura penale (4th edition, 2008), and co-edited the volumes Crimini internazionali tra diritto e giustizia (2000) and Il giudice di pace nella giurisdizione penale (2001). He has taken part in several national and international research projects. Among them: L'armonizzazione della prova dichiarativa nell'unione Europea, coordinated by Giulio Illuminati, PRIN 2005 Tasks and Powers of the Prosecution Services in the EU Member States, coordinated by Peter J.P. Tak, Radboud University of Nijmegen, Suspects in Europe. Procedural Rights at the Investigative Stage of the Criminal Process in the European Union, coordinated by Ties Prakken and Taru Spronken, Maastricht University, AGIS 2005 Garantias procesales en los procesos penales en la Union Europea, coordinated by Coral Aranguena Fanego, University of Valladolid, AGIS 2005 Proceso penal y sistemas acusatorios, coordinated by Lorena Bachmaier Winter, Complute nse University of Madrid, 2006 Rethinking European Criminal Justice, coordinated by Ulrich Sieber, Max-Planck Institut fur Auslandische-und-Internationale Strafrecht, Freiburg im B., AGIS 2006 Effective defence rights in the EU and access to justice, coordinated by Taru Spronken, Maastricht, European Commission, (University of Bologna) Michele Caianiello (Bologna, 1970), graduated cum laude in 1994, with a thesis on the detention pending the proceedings. In 1996, he frequented the post graduate course in Tax Law "A. Berliri", in the Faculty of Law, University of Bologna. From 2000, he is PhD in Criminal Procedure, with a thesis on the International Criminal Tribunals. He won the competition for a place as a lecturer at the Faculty of Law, University of Bologna, in March He won the public competition for a place as Associate Professor in 2005, and was assumed as associate Professor at the University of Bologna, Faculty of Law, in October He is a lawyer since 1998, and practiced until 2006, in the field of Criminal Law. Since 2006, he taught Criminal Procedure and Criminal Evidence at the L.U.I.S.S. University in Rome. He teaches at Bologna University, Faculty of Law: in Ravenna seat, he teaches Criminal Procedure; in Bologna seat he teaches European and International Criminal Procedure. He practices as a lawyer in the field of criminal law (up to October 2007 as a trial lawyer). In his academic career he studied the subject of the decision to charge a suspect with a crime,

5 especially the powers recognised by the law to the victims and to the private citizens on this issue. He also conducted a research in the field of Evidence Law in the International Criminal Justice Systems. More generally, he is interested on the issue of the rule of law with regard to the criminal process; he also studies the effects on the criminal process deriving from globalization and internalisation of juridical systems. He is the author of 2 books (Poteri dei privati nell'esercizio dell'azione penale, Giappichelli, Torino, 2003; Ammissione della prova e contraddottorio nelle giurisdizioni penali internazionali, Giappichelli, Torino, 2008). He has taken part in several national and international research projects. Among them: Suspects in Europe. Procedural Rights at the Investigative Stage of the Criminal Process in the Europen Union, coordinated by Ties Prakken e Taru Spronken, Università di Maastricht, AGIS 2005 Rethinking European Criminal Justice, coordinated by Ulrich Sieberg, Max-Planck Institut fur Auslandische-und-Internationale Strafrecht, Freiburg, AGIS 2006 L'armonizzazione della prova dichiarativa nell'unione Europea, coordinated by Giulio Illuminati, PRIN 2005; Effective defence rights in the EU and access to justice, coordinated by Taru Spronken, Università di Maastricht, Commissione europea, He has excellent linguistic skills Italian (mother language), English (fluent) French (good). (University of Bologna) is a Lecturer in Criminal procedure at the Alma Mater Studiorum University of Bologna since She attended a PhD combined Program between University of Bologna and University of Paris Paris I Panthéon-Sorbonne ( ). She worked under the direction of Professor Giulio Illuminati and Professor MIreille Delmas-Marty. In Paris, she taught International Criminal Procedure in a Law Clinic of International Criminal Law. In the last eight years, Dr. Allegrezza worked on the European Criminal Law and Procedure (she published several articles on that topic) and on the comparison between different criminal systems. In particular, she worked on German systems (she is a Max Planck Institut für ausländisches und internationals Strafrecht fellow). She worked on Italian criminal law, with regard to speedy trial, immigration law, criminal evidence. She took part on several national and international research projects with European (Valladolid, Freiburg, Cambridge, Utrecht) and Non-European (Getullio Vargas Sao Paolo, Bresil) universities. She is a criminal lawyer of the Bologna bar association. She has excellent linguistic skills (French, English, German).