DIRITTO PENITENZIARIO

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA
Academic year when starting the degree: 
2018/2019
Year: 
3
Academic year in which the course will be held: 
2020/2021
Course type: 
Supplementary compulsory subjects
Seat of the course: 
Como - Sant'Abbondio
Credits: 
8
Period: 
Second semester
Standard lectures hours: 
50
Detail of lecture’s hours: 
Lesson (50 hours)
Requirements: 

PREREQUISITES
Criminal Law constitutes a specific prerequisite for the exam of Prison Law.

ASSESSMENTS OF THE LEVEL OF LEARNING
There are no intermediate tests. The final exam is oral and for not attending students it focuses on exam texts; for attending students it concerns the subjects explained during lessons and the materials made available on the e-learning platform.
The exam questions will follow the "inverted cone" method, moving from a general question to questions with more specific content. The final score will depend on the degree of acquisition of the requested knowledge (70%), on communication skills demonstrated (10%), on the adequate use of technical legal terms (10%), on logical and orderly organization of speech (10%). In the case of attending students, the final score will also take account of active participation during class.

Assessment: 
Voto Finale

LEARNING OBJECTIVES
The course, which will be provided by videoconference on the two sites (Como and Varese), aims to provide an overall picture of the criminal enforcement phenomenon, from the birth of the res judicata until the exhaustion of the criminal enforcement against the convicted. Compared to an institutional course, more attention will be devoted to case study and case law analysis, including the examination of pleadings, other acts and decisions, which should complement the knowledge of general concepts and normative data. This case law approach aims not only to achieve a high degree of knowledge of the subject, in order to ensure a safe entry in the labour market, but also to teach a method of study of the legal phenomenon, in order to develop autonomous judgement and learning skills, which the student can usefully employ in his/her future working life, where the timely re-training plays a decisive role.
At the end of the course, compatibly with the situation of contrasting the pandemic, a visit of a prison will be organized, to test on-the-field the theoretical concepts studied in the classroom.

PROGRAM OF THE COURSE
1. Definition of the subject being studied; international and constitutional framework; historical introduction.
2. Criminal enforcement in the strict sense (10th Book of the Criminal Procedural Code).
3. Prison Law in the strict sense (Law No. 354 of 1975).

TEXTS
Students, both attending and not attending, are absolutely required to study the relevant laws (European Convention on Human Rights, Italian Constitution, Book X of Criminal Procedural Code and related provisions, Law No. 354 of 1975, Decree of the President of Republic No. 230 of 2000) in the version in force at the time of the exam. On the e-learning platform all the relevant regulatory changes will be indicated, but the version in force of the above-mentioned laws can also be freely downloaded at any time from website www.normattiva.it.
For students attending, the teaching materials will consist of:
- their notes taken in classroom;
- the material examined during the lessons, which will be uploaded by the professor on the e-learning platform;
- a manual that will be indicated at the beginning of the course, with exclusive regard to the parts that the teacher will indicate in class. Any student wishing to start studying the manual right now is required to write an email to the teacher.
For students not attending, the text on which to prepare the exam will be indicated at the beginning of the course. Any student wishing to start studying the manual right now is required to write an email to the teacher.

Convenzionale

TEACHING METHOD
It is not yet possible to known what the situation of the pandemic will be in the second semester.
The lessons, therefore, could be carried out remotely, or face to face, or alternating the two methods (so-called blended learning), according to detailed modalities that will be indicated when the situation will become clearer.
The course is divided into two modules, the first of which is under the responsibility of Prof. Ruggieri, who will be teaching (if not remotely) mainly from the Como Venue, the second under the responsibility of prof. Marcolini, who instead will be (if not remotely) physically present in Varese. Prof. Ruggieri will deal with the Criminal enforcement in the strict sense (10th Book of the Criminal Procedural Code); professor Marcolini with Criminal enforcement in the strict sense (10th Book of the Criminal Procedural Code).
The content of the course will be examined through lessons during which the starting point of the analysis will be the rule of law, projected using an overhead projector or suitable IT tools. During the lesson the teacher, also involving students, will highlight the challenges posed by the words of the law, indicating the solutions offered by academic opinions and judgements, and projecting, using an overhead projector or suitable IT tools, recent court decisions, interesting or even controversial, in such a way students get used to problematic reasoning.

OTHER INFORMATIONS
Reception's timetable
The professors are available before or after the lesson. In addition, they hold their weekly reception according to the indications on the Department website.
Further requirements can be represented by contacting directly the professors via e-mail.