DIRITTO PENITENZIARIO
- Overview
- Assessment methods
- Learning objectives
- Contents
- Delivery method
- Teaching methods
- Contacts/Info
PREREQUISITES
Criminal Law constitutes a specific prerequisite for the exam of Prison Law.
ASSESSMENTS OF THE LEVEL OF LEARNING
There are no intermediate tests. The final exam is oral.
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.
LEARNING OBJECTIVES
The course, which will be provided by videoconference on the two sites (Como and Varese), 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.
PROGRAM OF THE COURSE
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).
TEACHING METHOD
The lessons will be carried out face to face from one of the Venues (and remotely to the other one).
The course is divided into two modules, the first of which will deal with the Criminal enforcement in the strict sense (10th Book of the Criminal Procedural Code) and the second of which will deal with Prison Law in the strict sense (Law No. 354 of 1975).
The content of the course will be examined through lessons during which the starting point of the analysis will be the rule of law, projected using an overhead projector or suitable IT tools. 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, using an overhead projector or suitable IT tools, recent court decisions, interesting or even controversial, in such a way students get used to problematic reasoning.
TEXTS
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.
For students attending, the teaching materials will consist of:
- their notes taken in classroom;
- the material examined during the lessons, which will be uploaded by the professor on the e-learning platform;
- the manual AA.VV., Manuale di diritto penitenziario, Wolters Kluver, Milan, 2021 (or later edition), with exclusive regard to the parts that the teacher will indicate in class.
For students not attending, the text on which to prepare the exam will be AA.VV., Manuale di diritto penitenziario, Wolters Kluver, Milan, 2021 (or later edition), which must be studied in its entirety.
OTHER INFORMATIONS
Reception's timetable
The professor is available before or after the lesson. Any further requirement (for example, for thesis information) can be always represented by contacting directly the professor via e-mail.