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Comparative Criminal Law 406 (6 points)



Prato First semester 2003 (Day)

Synopsis: This unit examines the role of theory in the criminal law and whether there are "fundamental principles" which underlie all systems of criminal justice. A consideration of the various theories of punishment propounded in the common law and civil law of crime follows. The issue of codification as implemented in both common law and civil law jurisdictions is then addressed. Students will then be invited to examine in detail the roles played by the investigating magistrates, procurators and the judiciary in civil law systems and compare that role with the ones played by the prosecutor, judge and jury in the common law systems. The relationship between substantive criminal law and procedure will be considered by focusing on such issues as the principle of territoriality, equality before the law including the right to a fair trial and the right to legal representation. A comparative examination of the criminal law of Australia and Italy in the areas of the law of homicide, sexual offences and property offences will be undertaken. An analysis of the modern law of extradition, mutual assistance and various international treaties will enable a study of the impact of internationalisation on the criminal law including a consideration of the jurisdiction of the International Criminal Court. How have the Australian and the Italian legal systems dealt with the "war on terrorism"? Finally the unit will examine the use of several sentencing options in Italian and Australian criminal law.

Assessment: An open book examination of 3 hours, worth 100% of the total assessment.

Contact Hours: 36 hours in 4 weeks.

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