PENITENTIARY LAW
- Overview
- Assessment methods
- Learning objectives
- Contents
- Bibliography
- Delivery method
- Teaching methods
- Contacts/Info
Criminal Law constitutes 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, 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.
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.
In particular, the last modification of the penitentiary legislation is given by the legislative decrees 2 October 2018, numbers 121, 123, 124, which must be studied.
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. Precisely because it dates back to 2015 and therefore insensitive to the latest changes, it must be integrated with the text of AA.VV., La riforma dell’ordinamento penitenziario - Lavoro - Minorenni - Assistenza sanitaria e vita penitenziaria. - I decreti legislativi 2 ottobre 2018, numeri 121, 123, 124, a cura di Polidoro, Pacini Giuridica, Pisa, 2019.
The course is divided into two modules, the first of which is under the responsibility of Prof. Ruggieri, who will be teaching mainly from the Como Venue, the second under the responsibility of prof. Marcolini, who instead will be physically present in Varese. Prof. Ruggieri will deal with the Criminal enforcement in the strict sense (10th Book of the Criminal Procedural Code); professor Marcolini with Criminal enforcement in the strict sense (10th Book of the Criminal Procedural Code).
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 professors are available before or after the lesson. In addition, they hold their weekly reception according to the indications on the Department website.
Further requirements can be represented by contacting directly the professors via e-mail.
Borrowed from
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