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CRIME AND PREVENTION MEASURES Course Sheet Academic Year of enrolment:
Professor and Collaborators:
Hours of classroom activity:
Prerequisites:
Basic knowledge of Public Law and the principles of Criminal Law and Criminal Trial (acquired in the course of "Crime and investigation" scheduled for the first year of the interclass).
If necessary, the teacher will organize refresher/deepening seminars on institutional notions useful for enhancing the topics of the course.
Objectives
Contents The ministerial statistics reveal that prevention measures are expanding, in an attempt to prevent, rather than cure, criminal phenomena, especially those linked to organized crime, but not only. Unfortunately, the concrete results are not what we hoped for. The course aims to take a look at the system of prevention measures and its concrete functioning, trying to explore the margins for possible improvement.
Extended Syllabus The concept of social danger; the problem of the evidence of the social dangerousness; the jurisdictionalization of the judgment on social dangerousness (3 hours).
Security measures and prevention measures: applicability of the principles of Criminal Law; types, application procedure; a specific problem: the confiscation (9 hours).
The preventive measure as an Administrative Law act; the investigation on social danger (in particular, applicability of the principle of completeness); the justification for the preventive measure; discretion and arbitrariness in applying the measure; the appeal against the decision applying the measure (12 hours).
Laboratory: simulation of a prevention process (8 hours).
Recommended Bibliography Attending students: notes and materials distributed by the teacher.
Non-attending students: A. Gamberini, N. Madia, L. Della Ragione, Manuale breve di diritto penale, Milan, Giuffrè, 2022, LIMITED on pages 429-459; C. Valentini, Motivazione della pronuncia e controlli sul giudizio per le misure di prevenzione, CEDAM, Padua, 2008, in full (128 pages).
All students - attending and non-attending students - are required to consult and, therefore, to know the regulatory data.
Teaching Methods The course is divided into 32 hours of lectures; it will be possible to carry out supplementary seminars, aimed at deepening the basic concepts of social dangerousness and the implications that the notion produces on other branches of law and sociology.
Attendance is optional, but strongly recommended.
Evaluation methods Verification of learning:
Contacts/More Information The teacher is always available at the institutional e-mail address . He receives in presence upon request by the student.