GIUSTIZIA RIPARATIVA E MEDIAZIONE PENALE
- Overview
- Assessment methods
- Learning objectives
- Contents
- Delivery method
- Teaching methods
- Contacts/Info
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Learning is tested by means of an oral examination covering the syllabus with a final grade awarded in thirtieths. The examination will be conducted on the basis of a general question, followed by a number of more specific questions that open up, in turn, further avenues for in-depth study.
In particular, the ability to relate the contents of the syllabus in a manner appropriate to the specific nature of the subject and to the double educational scope proposed will be assessed.
The awarding of marks will take into account not only the accuracy of the content of the answers, but also the possession of the so-called "generalist skills" (ability to read critically, analytical reasoning, critique an argument, problem-solving, as well as the technique and effectiveness of expression).
From a logistical and organisational point of view, the examinations will take place in accordance with the University's regulations.
The course proposes a completion of the criminal justice preparation through the illustration of contents and methods of restorative justice and criminal mediation - realities closely related to the functioning of numerous institutes of criminal law and procedure - and intends to contribute to the training of the jurist, so that he/she knows how to inscribe the normative and procedural profiles of law in a horizon of understanding of the concept of justice.
Indeed, the autonomy of the training course related to restorative justice and criminal mediation should make it possible to promote a comprehensive and harmonious education of the jurist, bringing attention back to a concept of justice grasped in its juridical-philosophical wholeness, with the persone at the center, without necessarily reducing justice to law, law to legislation and legislation to the will of the legislator.
The importance of restorative justice in the Italian criminal justice system is most recently confirmed by the so called "Cartabia Reform" (Legislative Decree no. 150/2022) which introduced the first "Restorative Justice Comprehensive Regulation" in the Italian legal system.
By its very nature, the conceptual universe of restorative justice requires multilevel teaching, that is, open to multidisciplinarity and such as to imply a dialogue with different fields of knowledge (primarily, philosophical anthropology, the human rights system, criminal law, but also criminal procedure, criminology and forensic psychology).
In particular, the course aims to promote the acquisition of knowledge related to the role of victims in the European legal space, the promotion of guided paths of victim-offender reconciliation and reparation of the offense, the ways to initiate a path of pacification through the recomposition of the "fracture" of social communication caused by the crime.
At the end of the course, the student is called upon to demonstrate argumentative skills around the themes of justice, crime, victim protection, reparation of harm from crime, and the art of mediation, which will be analyzed, as to its significance, in its theoretical framework and applied practice.
Because of the aforementioned need for multilevel didactics and to enable a full and proper understanding of restorative justice and its realities and application potential, the course is structured in two modules. In them, the philosophical and legal profiles of restorative justice and criminal mediation are addressed. On the juridical side, particular attention will be devoted to the analysis of Title IV of Legislative Decree no. 150/2022 (the so-called "Cartabia Reform") which contains comprehensive regulations on restorative justice currently in force, without neglecting the legal and practical evolution that in the decades preceding the latest legislative changes has led to a slow and progressive affirmation of restorative justice in some fields of the Italian criminal system: juvenile justice, the criminal jurisdiction of the justice of the peace, the execution of custodial and non-custodial sentences, as well as adult criminal justice with the institution of probation introduced by Law No. 67 of 28 April 2014.
In the jusphilosophical module, the following are proposed:
(a) an analysis of the meanings and principles of restorative justice: the educational and empowerment functionality of the offender; the provision of an informal physical space that guarantees listening and attention to the victim, deserving of a broader recognition than that offered to him/her in the court case;
(b) a survey of the operational tools of restorative justice (victim-offender mediation, indirect and/or extended mediation, victim empathy groups, victimization reports, restorative techniques);
(c) a survey of normative language (authoritative and/or cooperative) and the communicative value of law (from expressive materiality to expressed value);
(d) an examination of types of conflict and their susceptibility to being mediated.
In the penal module, strictly legal profiles of reparation are treated with reference to the fields of application of the Italian legal system in the framework of international sources dedicated to restorative justice. In particular, the following will be discussed:
I. the origins of restorative justice;
II. the main international sources dedicated to restorative justice in the UN system, in the law of the European Union and in the framework of the Council of Europe;
III. the traditional normative channels of entry of restorative justice into the Italian criminal justice system. 1) Juvenile criminal justice in Italy (with regard, in particular, to the institutes of acquittal due to irrelevance of the fact and of probation); 2) adult justice, with special reference to the criminal jurisdiction of the justice of the peace (pre-trial mediation and extinction of the crime resulting from restorative conduct) and to probation introduced by l. 67/2014; 3) the execution of the sentence.
IV. The Restorative Justice Comprehensive Discipline stated by Title IV of Legislative Decree no. 150/2022.
Methods, conducting techniques and styles of criminal mediation will also be explained.
The course takes place in the first semester and includes 50 hours of lessons.
The teaching includes lectures mainly theoretical, aimed at illustrating the contents described above, and the possibility, which will be evaluated based on the number of participants, to carry out a reading circle or a circle according to RJ methods and with the participation of experienced mediators.
Logistically, the delivery of lectures will be subject to the University's regulations.
The course aims to encourage active participation in the discussion of the students, to promote their communication and problem solving skills.
To this purpose, during lectures teachers will invite students to the discussion of problems inherent in the topics and materials covered.
On the e-learning platform will be uploaded regulatory sources, bibliographic sources, legal materials, jurisprudential cases and power-point presentations.
During the lecture period, office hour will take place at the end of the lecture or, subject to appointment by e-mail, at a date and time to be agreed either in presence or via Teams.
At the end of the lecture period, office hour will continue again by appointment to be agreed by e-mail.
In any case, office hour is always guaranteed at least once a week.
To arrange office hour and for informations or doubts, lecturers are always available by e-mail at chiara.perini@uninsubria.it; giovanni.lodigiani@uninsubria.it
Students who have included "Restorative Justice and Criminal Mediation" in their degree as an optional 6 CFU exam are kindly requested to ask the lecturer Prof. C. Perini for the corresponding reduced syllabus.