PENITENTIARY LAW
- Overview
- Assessment methods
- Learning objectives
- Contents
- Bibliography
- Teaching methods
- Contacts/Info
Criminal Law constitute a specific prerequisite for the exam of Prison Law.
There are no intermediate tests. The final exam is oral and for not attending students it focuses on exam texts; for attending students it concerns the subjects explained during lessons and the materials made available on the e-learning platform.
The exam questions will follow the "inverted cone" method, moving from a general question to questions with more specific content. The final score will depend on the degree of acquisition of the requested knowledge (70%), on communication skills demonstrated (10%), on the adequate use of technical legal terms (10%), on logical and orderly organization of speech (10%). In the case of attending students, the final score will also take account of active participation during class.
The course aims to provide an overall picture of the criminal enforcement phenomenon, from the birth of the res judicata until the exhaustion of the criminal enforcement against the convicted. Compared to an institutional course, more attention will be devoted to case study and case law analysis, including the examination of pleadings, other acts and decisions, which should complement the knowledge of general concepts and normative data. This case law approach aims not only to achieve a high degree of knowledge of the subject, in order to ensure a safe entry in the labour market, but also to teach a method of study of the legal phenomenon, in order to develop autonomous judgement and learning skills, which the student can usefully employ in his/her future working life, where the timely re-training plays a decisive role.
At the end of the course a visit of a prison will be organized, to test on-the-field the theoretical concepts studied in the classroom.
1. Definition of the subject being studied; international and constitutional framework; historical introduction.
2. Criminal enforcement in the strict sense (10th Book of the Criminal Procedural Code).
3. Prison Law in the strict sense (Law No. 354 of 1975).
Students, both attending and not attending, are absolutely required to study the relevant laws (European Convention on Human Rights, Italian Constitution, Book X of Criminal Procedural Code and related provisions, Law No. 354 of 1975, Decree of the President of Republic No. 230 of 2000) in the version in force at the time of the exam. On the e-learning platform all the relevant regulatory changes will be indicated, but the version in force of the above mentioned laws can also be freely downloaded at any time from website www.normattiva.it.
ATTENTION: it should be noted that, by Law No. 103 of 2017 (Article 1, paragraphs 82, 83, and 85), in force since 3rd August 2017, the Government is granted a Legislative Delegation for the reform of the penitentiary system. The Government has one year (so up to 3rd August 2018) for the exercise of the Delegation. Being the present course delivered in the second Semester, this could mean a radical reform of concepts and institutions object of study. Every news on the point will be promptly reported on the e-learning platform.
For students attending, the teaching materials will consist of their notes taken in classroom, plus the material examined during the lessons. The latter will also be uploaded by the professor on the e-learning platform.
For students not attending, the text to study is: AA.VV., Manuale dell’esecuzione penitenziaria, editor P. Corso, Monduzzi, 6th edition, 2015.
For any doubt or need students are invited to contact the teacher.
The content of the course will be examined through lectures, during which the starting point of the analysis will be the rule of law, projected in the classroom using an overhead projector. During the lesson the teacher, also involving students, will highlight the challenges posed by the words of the law, indicating the solutions offered by academic opinions and judgements, and projecting, with overhead projector, recent court decisions, interesting or even controversial, in such a way students get used to problematic reasoning.
Reception's timetable: the professor is available before or after the lesson. In addition, he holds his weekly reception according to the indications on the Department website.
Further requirements can be represented by contacting directly the professor via e-mail.