DIRITTO PENITENZIARIO
- Overview
- Assessment methods
- Learning objectives
- Contents
- Delivery method
- Teaching methods
- Contacts/Info
Passing the Criminal Law exam is a specific prerequisite for taking the Penitentiary Law exam.
There are no mid-term examinations. The final exam consists of an oral test following the "inverted cone" method, starting from a general question and progressing to more specific and detailed ones.
The final grade will be based on:
• acquisition of required knowledge (70%);
• communication skills (10%);
• correct use of legal terminology (10%);
• logical and coherent structure of answers (10%).
Active participation during classes will also be taken into account for attending students.
The course aims to provide a comprehensive overview of the criminal enforcement process, from the formation of the final judgment to the completion of the enforcement proceedings concerning the convicted person. This will include the analysis of the most recent and significant national and international judicial decisions on the subject and the meeting with industry professionals.
Through a case-based and problem-oriented approach, the course aims not only to ensure a solid knowledge of the subject—sufficient to meet professional demands—but also to develop an independent and critical method for analysing legal phenomena. These skills are intended to support students in their future professional careers.
By the end of the course, a visit to a penitentiary institution in Lombardy will be organized allowing students to directly observe the institutions and practices studied in class.
1. Definition and scope of the discipline, international framework, constitutional foundations, and historical background.
2. Law of Criminal Enforcement (Book X of the Italian Code of Criminal Procedure).
3. Penitentiary Law (Law No. 354 of 1975).
The course is divided into two modules: the first focuses on the Law of Criminal Enforcement (Book X of the Italian Code of Criminal Procedure), while the second addresses Penitentiary Law (Law No. 354 of 1975).
Teaching will be based on lectures that start from the normative framework. Students will be actively engaged in discussing the issues raised by the relevant legal provisions, exploring the solutions proposed by legal scholarship and case law, and developing analytical and critical reasoning skills.
Course Materials
Both attending and non-attending students are required to have full knowledge of the relevant legal texts (European Convention on Human Rights, Constitution of the Italian Republic, Book X of the Italian Code of Criminal Procedure and related provisions, Law No. 354 of 1975, and Presidential Decree No. 230 of 2000) in their current versions at the time of the exam.
The up-to-date versions of these texts can always be downloaded free of charge from www.normattiva.it.
For attending students, the study materials include:
• lecture notes;
• materials discussed in classes and uploaded on the e-learning platform;
• F. Della Casa – G. Giostra, Manuale di diritto penitenziario, 4th ed., Giappichelli, 2025, limited to the sections indicated by the lecturer.
For non-attending students, the required textbook is:
F. Della Casa – G. Giostra, Manuale di diritto penitenziario, 4th ed., Giappichelli, 2025, to be studied in its entirety.