GIUSTIZIA RIPARATIVA E MEDIAZIONE PENALE

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA VA
Academic year when starting the degree: 
2017/2018
Year: 
3
Academic year in which the course will be held: 
2019/2020
Course type: 
Supplementary compulsory subjects
Credits: 
8
Period: 
First Semester
Standard lectures hours: 
50
Detail of lecture’s hours: 
Lesson (50 hours)
Requirements: 

None

Learning will be verified through an oral examination (a general question, followed by some more specific questions).

Assessment: 
Voto Finale

The course offers a complete preparation about criminal law through the study of the contents and methods of restorative justice and mediation.
The autonomy of the study of the restorative justice and mediation should allow, in fact, to promote a harmonious formation of the jurist, bringing attention to a concept of justice that brings the person at the center.
The restorative justice requires a multi-level teaching, open to multidisciplinary and that implies a dialogue with different fields of knowledge.
In particular, the course aims to promote the acquisition of knowledge about the role of victims in the European judicial area, the offender-victim reconciliation and the reparation of the offense.
After completing the course, students are expected to demonstrate argumentative capacity around the themes of justice, crime and protection of victims and of repairing the damage from the offense and the mediatory art.

The course is structured in two modules.
They deal with philosophical and legal aspects of restorative justice and mediation.
During the juridical-philosophical module will be studied:
(A) an analysis of the meanings and principles of restorative justice;
(B) a presentation of operational tools of restorative justice (mediation victim-author, indirect mediation and / or enlarged, victim empathy groups, victimization reports, repair techniques);
(C) a survey on the normative language (authoritarian and / or co-operative) and the communicative value of the law;
(D) an examination of the types of conflict and their susceptibility to be mediated.
In the criminal law part of the course the focus will be placed on the legal issues of mediation/reparation, with reference to the fields of application of the Italian legal system:
I. Juvenile Justice
II. Justice of adults, with special reference to the criminal jurisdiction of the justice of peace and the institute of probation introduced by l. 67/2014;
III. the execution of the sentence.
The course concerns also methods, management techniques and mediation styles.

Reference texts for attending students:
G. Mannozzi, G.A. Lodigiani, La giustizia riparativa. Formanti, parole e metodi, Giappichelli, Torino, 2017.
Recommended optional readings:
1) J. Morineau, Lo spirito della mediazione, Milano, Franco Angeli, 2003;
2) G. Mannozzi, G.A. Lodigiani (a cura di), Giustizia riparativa. Ricostruire legami, ricostruire persone, il Mulino, Bologna, 2015.
On the e-learning platform will be eventually indicated or upload documents and further reading.

Reference texts for not attending students:
1) G. Mannozzi, G.A. Lodigiani, La giustizia riparativa. Formanti, parole e metodi, Giappichelli, Torino, 2017.
2) J. Morineau, Lo spirito della mediazione, Milano, Franco Angeli, 2003.
On the e-learning platform will be eventually indicated or upload documents and further reading.

Convenzionale

The course takes place in the first semester and includes 50 hours of lessons.
The teaching includes lectures mainly theoretical, aimed at illustrating the contents described above, and the possibility, which will be evaluated based on the number of participants, to carry out the simulation of a mediation setting, with the participation of experienced mediators.
The course aims to encourage active participation in the discussion of the students, to promote their communication and problem solving skills, the acquisition of the criminal law language and legal argumentation techniques.
On the e-learning platform will be uploaded files, jurisprudential cases and power-point presentations.

Office hour is scheduled after each class. For different days or times please write to chiara.perini@uninsubria.it

Students who have included in the study plan the "Restorative Justice and Penal Mediation" exam as an optional 6 CFU exam are requested to ask the teacher for the relative reduced program.