Giurisprudenza | PENITENTIARY LAW

cod. 0160100050

PENITENTIARY LAW

	0160100050
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2021/2022

PERCORSO UNIQUE CURRICULUM

	YEAR OF DIDACTIC SYSTEM 2012
	SPRING SEMESTER

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/16	8	72	LESSONS	SUPPLEMENTARY COMPULSORY SUBJECTS

	Objectives
	THE COURSE AIMS TO OFFER TO THE STUDENTS THE ESSENTIAL NOTIONS AND METHODOLOGICAL TOOLS TO CRITICALLY ASSESS THE ORGANIZATION AND FUNCTIONING OF THE ITALIAN PENITENTIARY SYSTEM. PRINCIPLES AND RULES OF PENITENTIARY SYSTEM WILL BE ANALYZED IN A BROADER CONTEXT OF RESEARCH, USING REASONING AND INTEGRATED KNOWLEDGE RELATED TO AREAS OF THE CRIMINAL JUSTICE SYSTEM. THE EXPECTED LEARNING OUTCOMES. THE STUDENT MUST SHOW THE ABILITY TO FRAME AND TO UNDERSTAND: A) THE BASE AND THE FUNCTIONS OF THE DETENTIVE PUNISHMENT AND THE SOLUTIONS THAT, TO THIS RESPECT, THE ITALIAN LEGISLATION HAS ADOPTED, ALSO IN LIGHT OF THE EUROPEAN PRISONS RULES: B) THE ROLES OF THE SUBJECTS THAT INTERACT DURING THE PENAL EXECUTION (INSIDE AND OUT OF THE PENITENTIARY INSTITUTES); C) THE ASPECTS AND THE FUNDAMENTAL DYNAMICS OF THE INDIVIDUALIZED PENITENTIARY TREATMENT; D) THE LEGAL REQUIREMENTS FOR THE APPLICATION OF ALTERNATIVE MEASURES TO IMPRISONMENT, FOR REHABILITATION OR RESTORATIVE JUSTICE PURPOSES; E) THE ESSENTIAL ELEMENTS OF THE PROCEDURE OF SURVEILLANCE. ON THE BASIS OF THESE SKILLS, THE STUDENT MUST SHOW THE ABILITY TO DEEPEN AT THEMSELVES THE STEADY DEVELOPMENT OF PENITENTIARY LEGISLATION AND TO SOLVE THE QUESTIONS WHICH ARISE WHEN IT IS ACTUALLY IMPLEMENTED.

THE COURSE AIMS TO OFFER TO THE STUDENTS THE ESSENTIAL NOTIONS AND METHODOLOGICAL TOOLS TO CRITICALLY ASSESS THE ORGANIZATION AND FUNCTIONING OF THE ITALIAN PENITENTIARY SYSTEM. PRINCIPLES AND RULES OF PENITENTIARY SYSTEM WILL BE ANALYZED IN A BROADER CONTEXT OF RESEARCH, USING REASONING AND INTEGRATED KNOWLEDGE RELATED TO AREAS OF THE CRIMINAL JUSTICE SYSTEM.

THE EXPECTED LEARNING OUTCOMES.

THE STUDENT MUST SHOW THE ABILITY TO FRAME AND TO UNDERSTAND: A) THE BASE AND THE FUNCTIONS OF THE DETENTIVE PUNISHMENT AND THE SOLUTIONS THAT, TO THIS RESPECT, THE ITALIAN LEGISLATION HAS ADOPTED, ALSO IN LIGHT OF THE EUROPEAN PRISONS RULES: B) THE ROLES OF THE SUBJECTS THAT INTERACT DURING THE PENAL EXECUTION (INSIDE AND OUT OF THE PENITENTIARY INSTITUTES); C) THE ASPECTS AND THE FUNDAMENTAL DYNAMICS OF THE INDIVIDUALIZED PENITENTIARY TREATMENT; D) THE LEGAL REQUIREMENTS FOR THE APPLICATION OF ALTERNATIVE MEASURES TO IMPRISONMENT, FOR REHABILITATION OR RESTORATIVE JUSTICE PURPOSES; E) THE ESSENTIAL ELEMENTS OF THE PROCEDURE OF SURVEILLANCE.

ON THE BASIS OF THESE SKILLS, THE STUDENT MUST SHOW THE ABILITY TO DEEPEN AT THEMSELVES THE STEADY DEVELOPMENT OF PENITENTIARY LEGISLATION AND TO SOLVE THE QUESTIONS WHICH ARISE WHEN IT IS ACTUALLY IMPLEMENTED.

	Prerequisites
	THERE IS NO OBLIGATION TO SUSTAIN PREPARATORY TEACHINGS. NEVERTHELESS, IT IS RECOMMENDED TO ACQUIRE BASIC KNOWLEDGES OF CRIMINAL LAW AND CRIMINAL PROCEDURAL LAW

	Contents
	THE LESSONS WILL FOCUS ON THE FOLLOWING THEMES: - DOMESTIC AND INTERNATIONAL SOURCES OF PRISON LAW; - SUPRANATIONAL AND CONSTITUTIONAL PRINCIPLES CONCERNING THE DETENTIVE PUNISHMENT; - SUBJECTS AND FUNCTIONS OF PRISON SYSTEM; - PENITENTIARY INSTITUTES AND DIFFERENT KINDS OF DETENTION; - PRISONERS’ CONDITIONS AND PRISONERS’ RIGHTS PROTECTION; - OFFENDERS’ OBSERVATION AND TREATMENT OPPORTUNITIES; - ALTERNATIVE MEASURES TO IMPRISONMENT; - ORGANIZATION AND PRACTICE OF SURVEILLANCE; - RESTORATIVE JUSTICE IN - RIGHTS AND SAFEGUARDS IN THE CONTEXT OF RESTORATIVE JUSTICE SERVICES.

Contents

THE LESSONS WILL FOCUS ON THE FOLLOWING THEMES:
- DOMESTIC AND INTERNATIONAL SOURCES OF PRISON LAW;
- SUPRANATIONAL AND CONSTITUTIONAL PRINCIPLES CONCERNING THE DETENTIVE PUNISHMENT;
- SUBJECTS AND FUNCTIONS OF PRISON SYSTEM;
- PENITENTIARY INSTITUTES AND DIFFERENT KINDS OF DETENTION;
- PRISONERS’ CONDITIONS AND PRISONERS’ RIGHTS PROTECTION;
- OFFENDERS’ OBSERVATION AND TREATMENT OPPORTUNITIES;
- ALTERNATIVE MEASURES TO IMPRISONMENT;
- ORGANIZATION AND PRACTICE OF SURVEILLANCE;
- RESTORATIVE JUSTICE IN
- RIGHTS AND SAFEGUARDS IN THE CONTEXT OF RESTORATIVE JUSTICE SERVICES.

	Teaching Methods
	THE COURSE INCLUDES 72 HOURS OF LESSONS, TUTORIALS AND LABORATORY ACTIVITIES AND IS BASED ON A TEACHING METHOD CHARACTERIZED BY PRAGMATISM, WITHOUT NEGLECTING THE NEED OF A THEORETICAL FRAMEWORK REQUIRED FOR A COMPREHENSIVE APPROACH TO THE MATTER. THE LESSONS CONSTANTLY GIVE VALUE TO THE REFLECTIONS OF TEACHING APPLICATIONS. THERE IS NO OBLIGATION OF FREQUENCY.

	Verification of learning
	FINAL ORAL EXAM. THE VERIFICATION OF THE LEARNING WILL CONCERN: 1) ABILITY TO SPEAK CLEARLY AND WITH APPROPRIATE LANGUAGE; 2) ABILITY TO ARGUE AND TO ARTICULATE A SPEECH MADE; 3) ABILITY TO MAKE CONNECTIONS BETWEEN RULES AND LEGAL CONCEPTS; 4) ABILITY TO ANSWER PROMPTLY THE QUESTIONS RAISED; FOR THE ATTENDING STUDENTS, THE OVERALL ASSESSMENT OF THE LEARNING WILL TAKE ACCOUNT OF ACTIVE PARTICIPATION TO LECTURES AND TUTORIALS, INDIVIDUAL STUDY AND THE RESULTS OF POSSIBLE TESTS ELAPSED, WHICH WILL BE VALUED ACCORDING TO THE SAME ANTICIPATED CRITERIONS FOR THE FINAL EXAMINATION.

Verification of learning

FINAL ORAL EXAM.
THE VERIFICATION OF THE LEARNING WILL CONCERN:
1) ABILITY TO SPEAK CLEARLY AND WITH APPROPRIATE LANGUAGE;
2) ABILITY TO ARGUE AND TO ARTICULATE A SPEECH MADE;
3) ABILITY TO MAKE CONNECTIONS BETWEEN RULES AND LEGAL CONCEPTS;
4) ABILITY TO ANSWER PROMPTLY THE QUESTIONS RAISED;
FOR THE ATTENDING STUDENTS, THE OVERALL ASSESSMENT OF THE LEARNING WILL TAKE ACCOUNT OF ACTIVE PARTICIPATION TO LECTURES AND TUTORIALS, INDIVIDUAL STUDY AND THE RESULTS OF POSSIBLE TESTS ELAPSED, WHICH WILL BE VALUED ACCORDING TO THE SAME ANTICIPATED CRITERIONS FOR THE FINAL EXAMINATION.

	Texts
	NOT ATTENDING STUDENTS: F. DELLA CASA - G. GIOSTRA (A CURA DI), “MANUALE DI DIRITTO PENITENZIARIO”, GIAPPICHELLI EDITORE, 2020; OR: P. CORSO (A CURA DI), “MANUALE DELLA ESECUZIONE PENITENZIARIA”, MONDUZZI EDITORIALE, 2019; FILIPPI L. - SPANGHER G. - CORTESI M.F., “MANUALE DI DIRITTO PENITENZIARIO”, GIUFFRÉ FRANCIS LEFEBVRE, 2019. ATTENDING STUDENTS: TEACHING MATERIALS IDENTIFIED AND /OR DISTRIBUTED IN CLASS. NOTES: YOU NEED TO CONSULT AN UPDATED VERSION OF THE L. N. 354/1975 (PRISON LAW) AND OF THE D.P.R. N. 230/2000 (PRISON REGULATION)

Texts

NOT ATTENDING STUDENTS:
F. DELLA CASA - G. GIOSTRA (A CURA DI), “MANUALE DI DIRITTO PENITENZIARIO”, GIAPPICHELLI EDITORE, 2020;
OR:
P. CORSO (A CURA DI), “MANUALE DELLA ESECUZIONE PENITENZIARIA”, MONDUZZI EDITORIALE, 2019;
FILIPPI L. - SPANGHER G. - CORTESI M.F., “MANUALE DI DIRITTO PENITENZIARIO”, GIUFFRÉ FRANCIS LEFEBVRE, 2019.

ATTENDING STUDENTS:
TEACHING MATERIALS IDENTIFIED AND /OR DISTRIBUTED IN CLASS.

NOTES:
YOU NEED TO CONSULT AN UPDATED VERSION OF THE L. N. 354/1975 (PRISON LAW) AND OF THE D.P.R. N. 230/2000 (PRISON REGULATION)

	More Information
	THE COURSE IS DESIGNED FOR STUDENTS WHO ATTEND REGULARLY, WHICH WILL BE AGREED WITH A SPECIFIC PROGRAM AND TO WHOM SUPPLEMENTARY TEACHING MATERIALS WILL BE PROVIDED. STUDENTS WHO CAN NOT ATTEND WILL PREPARE THE PROGRAM INDICATED AND WILL STUDY THE RECOMMENDED BOOKS AND WILL ALWAYS RESORT TO THE TEACHER FOR TUTORING.

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