Learning outcomes

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.

Program

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.

Teaching methods
The teaching methods used for both attending and non-attending students are different.

For the students who will attend the course, the didactic method will consist in lectures given by the professor on the most important topic of the program. The lectures will be aimed at trasmitting the fundamental notions of the course and the main instruments to understand the legal problems related to the course. Some specific seminars would be carried out in order to analyze some specific parts of the program concerning the recent legislative modifications and the jurisprudence, in accordance with the particular interests of the students. Furthermore, specific works, doctrinal articles and judgments will be suggested during the course.

With regards to the students who will not attend the course, the study of the recommended books will be integrated thanks to the support of the professor. They will update the students on specific novelties (case law, legislation, etc.) through specific communications available on line.

During the entire academic year all the students will have the possibility to contact the professor and to meet her during the specific time dedicated to them and indicated on the Department’s website.

Recommended books
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, 2016
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.

Examination Methods

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;
-language properties;
-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)

Teaching materials e documents

•   PROGRAMMA E TESTI CONSIGLIATI   (msword, it, 43 KB, 8/1/16)