Juvenile criminal procedure

A.Y. 2020/2021
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
TEACHING METHODS
According to the provisions for dealing with the health emergency, the lessons will take place remotely on Microsoft Teams in synchronous mode, at the times established for the first semester.
Information on how to access Microsoft Teams lessons and other teaching instructions will be posted on the course's ARIEL website, which is recommended to be consulted regularly.
Taking into account the evolution of the epidemic and the relevant regulations, if it should be possible to carry out activities in the classroom, students will be promptly informed via ARIEL.
PROGRAM AND REFERENCE MATERIAL
The course program and reference material will not be modified.
METHOD OF VERIFICATION OF LEARNING
The procedures for verifying learning and the assessment criteria will not be subject to changes.
The exam will take place in oral form using the Microsoft Teams platform or, where the regulations allow it, in presence, always in oral form.
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 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.
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 jurisprudence.
Taking into account the evolution of the epidemic and compliance with the relevant regulations, 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, with a vote out of thirty, which aims to verify: knowledge of the subject and understanding of the peculiarities of juvenile criminal procedural law; the autonomy of judgment of the student also through the analysis of the cases discussed during the course or published on the Ariel page; the mastery of specific language and the ability to present the arguments in a clear and orderly way.
IUS/16 - CRIMINAL PROCEDURE - University credits: 6
Lessons: 42 hours
Educational website(s)
Professor(s)
Reception:
telematic connection by appointment via email
telematic connection (for sanitary emergency)