Juvenile criminal procedure

A.Y. 2019/2020
6
Max ECTS
42
Overall hours
SSD
IUS/16
Language
Italian
Learning objectives
The course intends to analyze the jurisdiction specialized in juvenile criminal justice (R.d.l. 20 July 1934, n. 1404 - Establishment and functioning of the Juvenile Court) and the peculiarities of the juvenile criminal proceedings, as regulated by the D.P.R. 22 September 1988, n. 448 (Provisions on the criminal proceedings against juvenile defendants), highlighting the differences with respect to the legislation contained in the code of criminal procedure.
Expected learning outcomes
At the end of the course students will be able to achieve:
- the knowledge of the juvenile justice system and the rules of juvenile criminal procedure, as well as the understanding of these principles and rules;
- the ability to apply the knowledge acquired to specific cases;
- the capacity for critical analysis and interpretation of the provisions concerning juvenile criminal justice;
- the use of an appropriate legal language;
- the acquisition of a level of knowledge eligible to continue their studies by themselves.
Course syllabus and organization

Single session

Lesson period
First semester
Course syllabus
The course will be focused on: juvenile criminal justice (structure and subjects); the general principles of juvenile criminal trials; the investigations (the checks on the age and personality); the restrictive measures of personal freedom; the preliminary hearing (peculiarities); the special proceedings (restrictions); the typical epilogues of the juvenile procedure (judgment of not to prosecute for irrelevance of the fact; judicial pardon; the suspension of the trial and probation); the hearing trial (and its derogations); the right of appeal (peculiarities); the "misure di sicurezza" (assumptions and application); the enforcement phase.
Prerequisites for admission
In according to the didactic regulation of the degree course, Institutions of private law and Constitutional law are preparatory.
It is mandatory to have already taken the exam of Criminal Law.
It is also recommended some knowledge of fundamental basis of Criminal Procedure.
Teaching methods
The teaching activity will be dedicated to the analysis of the regulatory discipline and will be integrated by the study and discussion of practical cases, also with the participation of magistrates, lawyers or other operators in the sector.
During the lessons slides will be used, which will be made available to students through the Ariel page, where it is also possible to find the most relevant legislative texts and judgments of constitutional jurisprudence, legitimacy and merit.
The interested students will also have the opportunity to attend a formative stage at the Juvenile Court in Milan.
Teaching Resources
1) M. BARGIS (ed.), Procedura penale minorile, Torino, Giappichelli, 2019; or, as an alternative, E. ZAPPALA', (ed.), La giurisdizione specializzata nella giustizia penale minorile, Torino, Giappichelli, 2019.
2) L. CAMALDO, Garanzie europee per i minori autori di reato nel procedimento penale: la direttiva 2016/800/UE in relazione alla normativa nazionale, in Cassazione penale, 2016, fasc. 12, pp. 4572-4585 (available in pdf format on the Ariel page).
Assessment methods and Criteria
The exam will consist of an oral test, which aims to verify, in addition to the knowledge of the notions, the understanding of the peculiarities of juvenile criminal procedure and the ability to critically address legal issues by re-elaborating the knowledge acquired and, in the case of participation of students in the lessons, the ability of evaluation and solution of the cases dealt with.
IUS/16 - CRIMINAL PROCEDURE - University credits: 6
Lessons: 42 hours
Professor(s)
Reception:
In January and February 2022 via Teams (in any case by appointment via email)
Via Microsoft Teams (code: b7ugg7p)