Course teached as: 0055276 - DIRITTO DELL'ESECUZIONE PENALE 5-years Single Cycle Degree in LAW
Teaching Language
Italian
Course Content
The course covers the phase of the criminal trial dedicated to: a) the implementation of the sanctioning command contained in a ruling by the criminal judicial authority; b) the measures that involve the termination, replacement or modification of this command.
AA.VV., Manuale dell'esecuzione penitenziaria, a cura di P. Corso, Monduzzi editoriale, VI ed., Milano, ristampa 2019, in the following parts:
Cap. I.
Cap. II: 1, 2,5, 9. Cap. III: 3,4,5,17,19,21,22,23
Cap. V: 1, 2,3 (excluding from 3.4 to 3.8), 4.5. Cap. VI. Cap. VII: from 1 to 4, 11. Cap. X. Cap.XI. Cap. XII: Sez. I; Sez. II, § 1,3; Sez. III.
2) F. Caprioli - D.Vicoli, Procedura penale dell'esecuzione, Giappicchelli, Torino, 2011,in the following parts: Introduzione: exscluding § 7
Cap. I
Cap. II: § 1, 3
Cap. III: § from 1 to 4.2, 6.1, 6.2.2, 7, 8. Cap. IV: § from 1 to 3.
Only attending students will be able to study the discipline of judging in the manual already used for the examination of criminal procedural law: P. Tonini, Manuale di procedura penale, Giuffrè, Milano, 2019, parte VI, cap. I.
Lecture notes or update material on the latest changes to the prison regulations will be provided through the Moodle platform.
Learning Objectives
Knowledge: the procedures intended to implement the command contained in the irrevocable provisions of the criminal judicial authority (so-called "formal execution of the title"), as well as the set of activities and provisions that modify the contents of the command (called "execution in concrete terms ").
Capacity: to understand the functioning of the executive procedural phase and of the individual institutes operating there; to address the main legal issues arising before the execution judge and the surveillance's magitrates.
Skills: awareness of the values of the penal execution system, the Constitution and international conventions on human rights; critical analysis of the legislation on the execution.
Prerequisites
To take the exam you must have passed: diritto costituzionale generale e diritto privato I, but it is strongly recommended, because it is essential for the understanding of the discipline, to have passed also diritto penale I e diritto processuale penale.
Teaching Methods
Frontal lessons; seminars of critical analysis of the constitutional jurisprudence and of legitimacy and study of the procedural documents provided in advance through the Moodle platform. In addition, a visit to the Juvenile Penitentiary Institute of Florence is planned, with an interview with the director of the pedagogical area or, alternatively, a visit to the Sollicciano Penitentiary Institute.
Type of Assessment
The exam is oral and consists of at least three questions concerning different topics.
The first question is of a general nature, so as to allow the student to demonstrate knowledge of the key principles of execution and the ability to make connections between the various institutions.
The other questions are more precise and aim to verify the knowledge of the entire program.
Compared to attending students, the ability to make appropriate reference to the topics covered and to the materials examined during the lectures will also be evaluated.
A written test is reserved for attending students.
Course program
Introductory notions
The functions of the penalty - The constitutional principles and the rehabilitative purpose of the penalty - The tasks of penal execution and its jurisdictional nature - The sources of the law of penal execution.
The judgment
Executive force and crisis of the judgment - The impact of the judgments of the European Court of human rights on the executive phase - The executive title - The executable measures - Irrevocability and judgment - The ne bis in idem principle - The extra-criminal effectiveness of the res judicata
The role of the public prosecutor in the executive proceedings
The order of execution, accumulation of concurrent penalties, calculation of the offer - the suspensive procedure and the postponement of the execution of the sentence
The execution judge and the executive jurisdiction in the strict sense
Criteria for the determination of competence - The execution procedure - The spaces of intervention of the defender - The object of the decision - The de plano procedure
The prison administration
Organs and functions
The treatment of prisoners and the rights of prisoners - Prison organization and Types of institutions - Principles and purposes of penitentiary treatment - Relations with the lawyer - Correspondence - Award and need permits - Licenses -
Alternative measures to detention -
Reliance on probation in the social service - Ordinary home detention - Semi-liberty - - Early release - The surveillance magistracy and the rehabilitative jurisdiction
Competence and main functions of the surveillance court and the surveillance magistrate - Typical and atypical jurisdictional models -
Relations between European law and the penitentiary system
The guarantees of prisoners in the European Convention of human rights - The problem of prison overcrowding: the Torreggiani decision and its implementation in the internal system