Scientific Disciplinary Sector (SSD)
IUS/17 - CRIMINAL LAW
2° periodo di lezioni - aprile/maggio 2019, 2° periodo di lezioni - febbraio/aprile 2019
The course will give students a wide and systematic framework of the legal provisions concerning the minors’ protection. Special attention will be paid to the legal system regulating the commission of a crime by a minor. This topic requires state interventions in order to realize the rights and the superior interest of the minor, as recognized by the Italian Constitution such as the International Charters and legal sources.
The analysis of the Juvenile Criminal Justice, created through the interpretations (expecially of the Constitutional Court) of the provisions introduced by the r.d. of 1934 and the Penal Code of 1930 and the legislative reforms is aimed at determining the main scopes of this special sector of the criminal law. At the same time it will allow to understand the solutions adopted by the Italian legal system to combine the aims and the characters of the criminal law and the protection of the development of the minors’ educational process.
The course will equip students with the specific juridical competences, both substantial and processual, necessary for all the professional dealing with this delicate sector.
In order to complete the framework of the minors’ protection in the field of the criminal law, some specific provisions concerning the mistreatment and child sexual exploitation and abuse will be taken into consideration. This will permit to underline the main characteristics such as the limits of the criminal law in this field.
The course will focus on the following aspects: Juvenile delinquency – The nature and the evolution of the juvenile justice system – International sources – Juvenile court system: civil, administrative and criminal jurisdiction – Juvenile criminal responsibility – Delinquency assessment – The juvenile sanction system - “Traditional” and “new” institutional measures concerning juvenile crime – Rules of juvenile procedure: main principles, authorities, precautionary, cautionary and preventative measures: preliminary hearing – Criminal enforcement and penitentiary measures - Social dangerousness of children and security measures – Protection of children victims of a crime – Exploitation and abuse of children.
For attending students, the course will be mainly based on frontal lectures concerning the basis and fundamental categories of juvenile Criminal Law. Workshops or seminars about specific case studies or criminal offences recently amended by the legislator could be organized during the course. The online registration to the e-learning platform will provide students with a source of reference, bibliography, scientific papers and selected case-law.
The professors will provide support to non-attending students during their office hours. They could also register to the University e-learning platform and have access to a source of reference, bibliography, scientific papers and selected case-law.
E. PALERMO FABRIS – A. PRESUTTI (eds.), Diritto e procedura penale minorile, vol. V del Trattato di diritto di famiglia, directed by P. Zatti, Giuffrè, Milano, last edition.
As an alternative:
M. BARGIS (ed.), Procedura penale minorile, Giappichelli, Torino, 2017
Specific works, doctrinal articles and judgments will be suggested during the course
Other bibliographic indications on the exploitation and abuse of children and on the children as victims of a crime will be furnished during the course.
|E. PALERMO ABRIS - A. PRESUTTI (a cura di)
||Diritto e procedura penale minorile - V° volume del Trattato di diritto di famiglia, diretto da P. Zatti
|BARGIS - BUZZELLI -CESARI - DELLA CASA - PRESUTTI
||Procedura penale minorile
The exam will be in Italian and consists of an oral interview. It has the goals to verify the following elements:
depth and extent of the knowledge achieved;
ability to connect in a systematic way the knowledge achieved;
analytical and argumentative skills.
The students who have attended the course and wish to deepen their study on a particular subject, in accordance with the professor, will have the possibility to present a short paper on specific topics analyzed during the course, object of the oral interview directed to verify the knowledge achieved.
The evaluation runs on a scale from 0 to 30 (successful completion of the examination starts from 18)