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Single discipline educational activity
Course Sheet Academic Year of enrolment:
Professor and Collaborators:
Hours of classroom activity:
Prerequisites:
Study or knowledge of constitutional law or public law institutions
Objectives
Contents The program is divided into two modules, each subject to specific assessment during the examination: the first (institutional) concerns the study at institutional level of the constitutional and general principles in criminal matters, of the constitutive elements of the crime in its various forms of manifestation of the objective and subjective criteria for imputing the criminal offense, the types and methods of application of the sanctions; the second (in-depth study) has as its object the penitentiary legislation and the re-educational treatment of the condemned.
Formal institutional module (6 credits)
Study of constitutional and general principles in criminal matters: reserve of law, non-retroactivity, determination and taxation, guilt, materiality and offensive. Definition and structure of the crime. Types of offense. Examination of the constituent elements of the crime: typical fact (active and omissive conduct, event, causal relationship); anti-juridicity (single reasons for justification); guilt (imputability, willful misconduct, guilt, pre-intention, ignorance of criminal law). Forms of manifestation of the offense: circumstances, attempt, unity and plurality of offenses, concurrence of people in the offense. Punishment and sanctioning system. Penis and security measures. Function and measure of the penalty. Causes of exclusion and extinction of punishment.
Theoretical-practical study module (3 credits)
The bodies of criminal execution. Penitentiary treatment, with particular reference to the re-educational treatment, to work, to permits, to the penitentiary regime. Alternative measures to detention: conditional release, probation in the social service, home detention, semi-liberty, early release. The surveillance procedure: competences, the surveillance magistrate, the surveillance court, procedural aspects, types and form of the measures, attributions and competences of educators and social workers.
Extended Syllabus The program is divided into two modules, each subject to specific assessment during the examination: the first (institutional) has as its object the study at institutional level of the constitutional and general principles in criminal matters, of the constitutive elements of the crime in its various forms of manifestation of the objective and subjective criteria for imputing the criminal offense, the types and methods of application of the sanctions; the second (in-depth study) has as its object the penitentiary legislation and the re-educational treatment of the condemned.
Formal institutional module (6 credits)
Study of constitutional and general principles in criminal matters: reserve of law, non-retroactivity, determination and taxation, guilt, materiality and offensive. Definition and structure of the crime. Types of offense. Examination of the constituent elements of the crime: typical fact (active and omissive conduct, event, causal relationship); anti-juridicity (single reasons for justification); guilt (imputability, willful misconduct, guilt, pre-intention, ignorance of criminal law). Forms of manifestation of the offense: circumstances, attempt, unity and plurality of offenses, concurrence of people in the offense. Punishment and sanctioning system. Penis and security measures. Function and measure of the penalty. Causes of exclusion and extinction of punishment.
Theoretical-practical study module (3 credits)
The bodies of criminal execution. Penitentiary treatment, with particular reference to the re-educational treatment, to work, to permits, to the penitentiary regime. Alternative measures to detention: conditional release, probation in the social service, home detention, semi-liberty, early release. The surveillance procedure: competences, the surveillance magistrate, the surveillance court, procedural aspects, types and form of the measures, attributions and competences of educators and social workers.
Recommended Bibliography Formal institutional module (6 credits)
Recommended text:
CADOPPI and VENETIANS, Elements of criminal law, general part, ed. CEDAM, Padua, latest edition;
Theoretical-practical study module (3 credits)
Recommended text:
FILIPPI - SPANGHER - CORTESI, Penitentiary Law Manual, Milan, Giuffrè publisher, latest edition, limited to the following parts:
- Chapter One;
- Second Chapter, from which are excluded: n. II (Penalty provisions), n. III (extra-ordination measures); the N. IV (The indulgence measures); the N. V (Suspensive measures); the N. VI (The amending provisions of the penalty;
- Third Chapter, from which are excluded: n. II (appeals and res judicata); the N. III (The incidental proceedings).
Methods of Provision
Teaching Methods
Evaluation methods Verification of learning:
Oral exam on the course content. The knowledge of the contents of the course, the quality of the oral expression, the critical and argumentative skills will be assessed. The score goes from 1 to 30 with honors, according to the following: 1-17 insufficient, 18-21 sufficient, 22-24 discreet, 25-27 good, 28-29 very good, 30-30 with honors excellent
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