Prison law

A.Y. 2020/2021
6
Max ECTS
42
Overall hours
SSD
IUS/16
Language
Italian
Learning objectives
This course studies in depth a fundamental part in the training of the criminal jurist. Not only with regard to the primary importance of the constitutional principles which are involved in the penitentiary enforcement of the judgments (both from the substantial side and from the procedural one). The main argument of the course is the increasing practical relevance of the penitentiary Law's institutes, which are able to etch the content of the final ruling, in order to pursue the aim of the rehabilitation pursuant to section 27 paragraph 3 of the Italian Constitution. This objective will be carried out without disregarding the fact that from the constitutional guarantee comes the duty for the State (the democratic one) to work towards itself in order to rieducate the convicted individual, besides the right for this individual of gathering a proper rieducation.
Expected learning outcomes
Thanks to this teaching the students will achieve a deep knowledge of the l. 354/1975, in order to understand how it works into the criminal system. The course aims to develope both an independent thought, under the profile of the reconstruction of the enforcement system, and the communicative skills on the side of the juridical reasoning, also in the perspective of the solution of practical matters. Indeed, throughout the course the student will improve their ability on giving answers to penitentiary enforcement questions (practical or theoretical).
In addition, as far as the teaching focuses on a transversal subject, it will provide a method to set up and solve criminal law problems, using an approach that considers also the links between substansial and procedural law
Course syllabus and organization

Single session

Responsible
Lesson period
First semester
TEACHING METHODS
The lessons will be held in "live" mode on the Microsoft Teams (MT) platform and can be followed both in synchrony on the basis of the first semester schedule and asynchronously, because they will be recorded and left available to students on the Ariel teaching website . If the health situation allows it and in compliance with the indications, there may be activities in presence in the classroom, of which the students will be appropriately informed by means of notices on the Ariel website.

PROGRAM AND REFERENCE MATERIAL
The program and reference material will not be affected.

METHOD OF VERIFICATION OF LEARNING
The exam will take place in oral form using the Microsoft Teams platform or, if the regulations will allow it, in presence, always in oral form.
The exam, in particular, will be aimed at:
- ascertain the achievement of the objectives in terms of knowledge and understanding;
- verify the student's autonomy of judgment also through the analysis of the cases discussed during the course or mentioned in the textbooks;
- ascertain the command of the specific language and the ability to present the arguments in a clear and orderly way.
Course syllabus
- definition of penitentiary law;
- constitutional guarantees of the sentenced person;
- Magistratura di Sorveglianza and prison administration subjects;
- alternative measures to detention;
- treatment of the sentenced person;
- surveillance procedure.
Prerequisites for admission
Knowledge of the criminal procedural system outlined by the 1988 criminal procedure code is required.
The Criminal law exam and the Criminal procedural law exam are prerequisites for the examination of Advanced criminal procedural
Teaching methods
Lectures with the study of practical cases.
Teaching Resources
P. Corso (a cura di), Manuale della esecuzione penitenziaria, VII ediz., Monduzzi, 2019
Assessment methods and Criteria
Oral test, evaluated in thirtieths.
Evaluation parameters:
- ability of critical judgment, independently from previous interpretations of doctrine and jurisprudence;
- communication skills in terms of legal reasoning, even in the solution of concrete problems.
IUS/16 - CRIMINAL PROCEDURE - University credits: 6
Lessons: 42 hours