The course will focus on the criminal execution phase, understood as a set of activities aimed at executing an irrevocable criminal sentence.
Course Prerequisites
As a pre-requisite, students must have passed Criminal Law exam.
Teaching Methods
The teaching makes use of lectures and in-depth seminars. During the lessons, the analysis of the legislation will alternate with practical case studies in order to encourage the students’ involvement and active participation. During the year, seminars will be organized on topics of particular interest and current affairs and, at the end of the course, visit to some prevention and punishment institutions will also be organised.
Assessment Methods
Verification of learning takes place through an oral examination, in which both the basic knowledge of law and the mastery and application of the principles and the most important institutes are emphasized.
Texts
The continuous evolution of legislation and jurisprudence on the subject and the placement of the course in the second semester suggest postponing any bibliographical information until the beginning of the lessons. Knowledge of the most important regulatory texts relating to the matter is essential and therefore the use of a criminal procedure code updated with the most recent legislative innovations is recommended.
Contents
Starting from the treaty principles (articles 3, 5 and 8 ECHR) and constitutional principles (articles 13 and 27 of the Constitution) and from the provisions enshrined in the Minimum Rules for the treatment of prisoners, the protection of personal freedom in the European Convention for Prisoners will be examined. Particular attention will be paid to the meaning of the penitentiary system (law 26 July 1975, n. 354 and subsequent amendments) and to current issues (overcrowding, privatisation, migratory flows and human rights); to rights other than personal freedom (re-education, health, religious freedom, education, free expression of thought and information, work, privacy, affection); to ordinary and differentiated treatment; to executive jurisdiction and penitentiary jurisdiction; to the area of external criminal enforcement (alternative measures to detention).
