The objective of the course is to enable students to acquire a good knowledge of the penitentiary system. There will be a focus on the regulatory framework and on the national and supranational case-law. Special attention will be paid to the alternative measures to detention.

Constitutional and European principles on the execution phase of the judgement (spec. artt. 13, 27 para. 3 and 111 of the Italian Constitution, ECHR and related case law) - Observation and treatment - The elements of treatment (education, religion, cultural, recreational and sports activities; contact with the outside world; permits and licenses; work and vocational training) - Complaints and compensatory remedies - Order and security in penal institutions (spec. prison circuits, emergency legislation, disciplinary proceedings, the “hard prison”) - Alternative measures to detention (probation to social service, therapeutic foster care, home detention, semi-release, conditional release, expulsion as an alternative measure) - Early release - The surveillance judiciary and the execution of the judgement: procedural aspects (spec. functions of the surveillance magistrate and of the surveillance court, suspension of the order of execution under art. 656 of the Italian Code of Criminal Procedure, surveillance proceedings, security process, complaint proceedings) - The juvenile prison system. 

Criminal Law I. 

A) Knowledge and understanding - The student must show to have a suitable knowledge of the sources of the Italian criminal trial and the ability of understanding of its constitutional and international principles and he also must show his understanding of its translation offered by the criminal procedure laws.

B) Applying knowledge and understanding - The student must show to be able to apply his knowledge by formulating possible interpretative solutions on controversial issues relating to criminal procedural law.

C) Making judgements - The student must show to be able to integrate knowledge of criminal procedure law institutes with those of the constitutional and European right, as well with those of similar disciplines (es. judicial system, penitentiary right, civil and administrative trial right) and to make critical judgments on the basis of this interdisciplinary platform.

D) Communication skills - The student must show to be an active part in seminars, groupworks and in any planned activities in the living law laboratories, he must also show to be able to explain clearly and effectively the reached conclusions on the argumentative plan, dealing with teachers and with colleagues.

E) Learning skills - The student must show to have developed the learning skills to continue the study of the criminal procedure on his own and that he has the means to understand the main criticalities of the system and possible reforms to amend them. 

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Guided exercises, seminar meetings, self-assessment tests during the course, visit to one or more Italian penitentiary institutions.

Teaching

Lectures, seminar meetings.

Innovative teaching methods

For some topics: flipped classroom, debate.

Attendance

None.

Attendance is not mandatory, but recommended.

Course books

G. Giostra - F. Della Casa (eds.), Manuale di diritto penitenziario, Giappichelli, last edition.

It is possible to replace some parts of the textbook with the explanations provided in class.

It is mandatory to use an up-to-date Code of Criminal Procedure. For example: G. Di Rosa - G. Varraso (eds.), Codice di diritto penitenziario. La normativa e la prassi, La Tribuna, last edition.

Assessment

Oral examination. This method is considered more suitable for verifying not only student's proficiency of legal institutions and "paranormative" regulations, but also student's communicative ability, critical attitude and technical skills.

The assessment criteria and related marks are determined according to the following scale:

less than 18: insufficient level of competence. The candidate does not achieve any of the learning outcomes set out under ‘knowledge and understanding’;

18-20: sufficient level of competence. The candidate achieves the learning outcomes specified under ‘knowledge and understanding’;

21-23: level of competence fully sufficient. The candidate achieves the learning outcomes stipulated under ‘knowledge and understanding’ and ‘applied knowledge and understanding’;

24-26: good level of competence. The candidate achieves the intended learning outcomes at the points ‘knowledge and understanding’; ‘knowledge and understanding applied’ and ‘independent judgement’;

27-29: very good level of competence. The candidate achieves the expected learning outcomes at the points ‘knowledge and understanding’, ‘knowledge and understanding applied’, ‘autonomy of judgement’ and ‘communication skills’;

30 and 30 cum laude: excellent level of competence. The candidate fully achieves the learning outcomes set out at the points ‘knowledge and understanding’; ‘knowledge and understanding applied’; ‘autonomy of judgement’; ‘communication skills’ and ‘ability to learn’.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Teaching

Use the didactic material available on the Moodle platform: blended.uniurb.it.

Attendance

None. 

Attendance is not mandatory, but recommended.

Course books

G. Giostra - F. Della Casa (eds.), Manuale di diritto penitenziario, Giappichelli, last edition.

It is mandatory to use an up-to-date Code of Criminal Procedure. For example: G. Di Rosa - G. Varraso (eds.), Codice di diritto penitenziario. La normativa e la prassi, La Tribuna, last edition.

Assessment

Oral examination. This method is considered more suitable for verifying not only student's proficiency of legal institutions and "paranormative" regulations, but also student's communicative ability, critical attitude and technical skills.

The assessment criteria and related marks are determined according to the following scale:

less than 18: insufficient level of competence. The candidate does not achieve any of the learning outcomes set out under ‘knowledge and understanding’;

18-20: sufficient level of competence. The candidate achieves the learning outcomes specified under ‘knowledge and understanding’;

21-23: level of competence fully sufficient. The candidate achieves the learning outcomes stipulated under ‘knowledge and understanding’ and ‘applied knowledge and understanding’;

24-26: good level of competence. The candidate achieves the intended learning outcomes at the points ‘knowledge and understanding’; ‘knowledge and understanding applied’ and ‘independent judgement’;

27-29: very good level of competence. The candidate achieves the expected learning outcomes at the points ‘knowledge and understanding’, ‘knowledge and understanding applied’, ‘autonomy of judgement’ and ‘communication skills’;

30 and 30 cum laude: excellent level of competence. The candidate fully achieves the learning outcomes set out at the points ‘knowledge and understanding’; ‘knowledge and understanding applied’; ‘autonomy of judgement’; ‘communication skills’ and ‘ability to learn’.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.