Prison Law
A.Y. 2024/2025
Learning objectives
This course studies in depth a fundamental part in the training of the criminal jurist. Not only with regard to the primary importance of the constitutional principles which are involved in the penitentiary enforcement of the judgments (both from the substantial side and from the procedural one). The main argument of the course is the increasing practical relevance of the penitentiary Law's institutes, which are able to etch the content of the final ruling, in order to pursue the aim of the rehabilitation pursuant to section 27 paragraph 3 of the Italian Constitution. This objective will be carried out without disregarding the fact that from the constitutional guarantee comes the duty for the State (the democratic one) to work towards itself in order to rieducate the convicted individual, besides the right for this individual of gathering a proper rieducation.
Expected learning outcomes
Thanks to this teaching the students will achieve a deep knowledge of the l. 354/1975, in order to understand how it works into the criminal system. The course aims to develope both an independent thought, under the profile of the reconstruction of the enforcement system, and the communicative skills on the side of the juridical reasoning, also in the perspective of the solution of practical matters. Indeed, throughout the course the student will improve their ability on giving answers to penitentiary enforcement questions (practical or theoretical).
In addition, as far as the teaching focuses on a transversal subject, it will provide a method to set up and solve criminal law problems, using an approach that considers also the links between substansial and procedural law
In addition, as far as the teaching focuses on a transversal subject, it will provide a method to set up and solve criminal law problems, using an approach that considers also the links between substansial and procedural law
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
- definition of penitentiary law;
- constitutional guarantees of the sentenced person;
- Magistratura di Sorveglianza and prison administration subjects;
- alternative measures to detention;
- treatment of the sentenced person;
- surveillance procedure.
- constitutional guarantees of the sentenced person;
- Magistratura di Sorveglianza and prison administration subjects;
- alternative measures to detention;
- treatment of the sentenced person;
- surveillance procedure.
Prerequisites for admission
Knowledge of the criminal procedural system outlined by the 1988 criminal procedure code is required.
The Criminal law exam and the Criminal procedural law exam are prerequisites for the examination of Pententiary Law.
The Criminal law exam and the Criminal procedural law exam are prerequisites for the examination of Pententiary Law.
Teaching methods
Lectures with the study of practical cases.
Training experiences: penitentiary institution visit ; participation in supervisory court hearings.
Expert's Testimonials in classroom.
Training experiences: penitentiary institution visit ; participation in supervisory court hearings.
Expert's Testimonials in classroom.
Teaching Resources
F. Della Casa - G. Giostra (a cura di), Manuale di diritto penitenziario, Giappichelli, latest edition available.
Assessment methods and Criteria
Oral test, evaluated in thirtieths.
Evaluation parameters:
- ability of critical judgment, independently from previous interpretations of doctrine and jurisprudence;
- communication skills in terms of legal reasoning, even in the solution of concrete problems.
Evaluation parameters:
- ability of critical judgment, independently from previous interpretations of doctrine and jurisprudence;
- communication skills in terms of legal reasoning, even in the solution of concrete problems.
IUS/16 - CRIMINAL PROCEDURE - University credits: 6
Lessons: 42 hours
Professor:
Caneschi Gaia
Shifts:
Turno
Professor:
Caneschi GaiaProfessor(s)