Penal and Penitentiary Law

Semester 1 · 51090 · Bachelor in Social Work · 6CP · IT

The course aims to illustrate the constitutional principles and fundamentals of criminal law, the structure of the main institutions and categories of the general part.
The aim of the course is also to illustrate the main criminal offences of the special part of the criminal code, with a focus on crimes against the person and the family and crimes committed within the public administration.
The course will provide students with the indispensable knowledge of the structural features and fundamental principles of the criminal trial and the juvenile penal system.
Finally, the essential aspects of the current sanctions system and the penal system will be covered.
In addition to the treatment of the aforementioned topics, individual topics of particular topicality and relevance from the perspective of the social worker will be examined in depth.

Lecturers: Kolis Summerer

Teaching Hours: 45
Lab Hours: 0
Mandatory Attendance: In accordance with the regulation

Course Topics
- Evolution and characteristics of the criminal justice system - Criminal jurisdiction; the courts - Jurisdiction in juvenile matters - Constitutional principles in criminal matters - Definition and structure of the offence - Analysis of the offence - Offence of omission - Causes of justification - Imputability and culpability; intent and fault - Criminal protection of the person, the child and the family - Sexual offences, offences of pornography and child prostitution - Characteristics and structure of the criminal process - Sanction system - Prison system and execution of sentences - Alternative measures to punishment - Characters and principles of the juvenile penal system

Teaching format
The lesson takes place remotely.

Educational objectives
The course aims to provide the essential tools for understanding the current legislative framework in criminal matters. The objective is also the acquisition of the ability to utilise regulatory sources in order to promote the autonomous search for solutions to recurrent legal problems in the performance of the social educator's professional activity. Disciplinary skills Knowledge and understanding - the student knows the main concepts, principles and operational tools of criminal law and criminal procedure, as well as of the juvenile penal system; - the student is able to find, understand and use the relevant normative sources. Ability to apply knowledge and understanding - the student is able to apply knowledge to concrete cases arising in practice - the student is able to identify legal problems, applying correct solutions and developing rational arguments. Transversal/soft skills Autonomy of judgement - the student is able to develop a historical and problematic approach to the topics dealt with; - the student is able to develop a personal reflection, also in a critical key, on the legal issues emerging in the professional field; - the student is able to reflect on the most topical issues of criminal justice and criminal policy. Communication skills - the student is able to use appropriate legal language - the student is able to set issues in legal and professional terms; - the student is able to communicate information, ideas, problems and solutions. Learning skills - the student is able to read and understand criminal law and criminal procedure documents

Assessment
The final examination will be exclusively oral and will cover the topics covered in the course

Evaluation criteria
The grade will be awarded according to the following criteria - relevance and depth - clarity of expression and command of legal language - argumentative skills - critical analysis and personal reflection

Required readings

G. Flora, P. Tonini (a cura di), Diritto penale per operatori sociali, vol. I, Profili generali su reato, autore e sanzioni, e vol. II, Le aree di intervento, 2. ed., Milano, Giuffrè, 2013-2014, limited to the following sections: vol. I, chap. I - VI; X, XI; vol. II, chap. I, II, sez. III, IV, V, VI.
P. Corso (a cura di), Manuale della esecuzione penitenziaria, 7. ed., Milano, Monduzzi, 2019, limited to the chapters I, II, III, V e XII.
M. Virgilio, Codice per l’assistente sociale. Legislazione e casistica, Roma, Carocci, 2016.
Knowledge of the current provisions of the Italian Penal Code and the Italian Code of Criminal Procedure concerning the topics covered is required.
To support the in-depth study of the topics covered during the lectures, supplementary teaching materials (legislation, legal doctrine, and case law) will be distributed

Supplementary readings

F. Palazzo, F. Viganò, Diritto penale. Una conversazione,Bologna, Il Mulino, 2018
G. Fiandaca, Prima lezione di diritto penale, Bari, Laterza,2017

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Sustainable Development Goals
This teaching activity contributes to the achievement of the following Sustainable Development Goals.

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