Unit LEGAL CLINIC 2

Course
Law
Study-unit Code
A000068
Location
PERUGIA
Curriculum
In all curricula
Teacher
Rossella Fonti
CFU
6
Course Regulation
Coorte 2020
Offered
2024/25
Type of study-unit
Opzionale (Optional)
Type of learning activities
Attività formativa integrata

LEGAL CLINIC 2 - I MOD.

Code A000069
Location PERUGIA
CFU 3
Teacher Claudio Sartea
Teachers
  • Claudio Sartea
Hours
  • 18 ore - Claudio Sartea
Learning activities Affini o integrative d.m.270/04
Area Attività formative in ambiti disciplinari affini o integrativi a quelli di base e caratterizzanti, anche con riguardo alle culture di contesto e alla formazione interdisciplinare
Academic discipline IUS/20
Type of study-unit Opzionale (Optional)
Language of instruction Italian
Contents This Legal Clinic deals with the theoretical and practical issues of the execution of the sentence and of penitentiary law. After an initial part of hints to the philosophical reflection (foundation and justification of the sentence), follows the study of fundamental rights in the prism of the intramural experience, and then the analysis of legislation and practices.
Reference texts Materials and documents provided to students attending the course. Recommended readings for the theoretical part: F. D’Agostino, La sanzione nell’esperienza giuridica, Giappichelli, Torino, 1999; V. Mathieu, Perché punire. Il collasso della giustizia penale, Liberilibri, Macerata, 2008.
Educational objectives To foster in students, in addition to theoretical notions and legal knowledge, a marked sensitivity towards the legal dimension of the punitive experience, even intramural: with specific regard to the persistence, indeed the strengthening of the needs for protection of fundamental rights of prisoners and with reflections and application guidelines relating to their satisfaction, in coherence with the constitutional dictate and with the indications of the sentences of the Consulta. We will also try to provide information about foreign experiences in the matter, as well as, given the intrinsic nature of the Legal Clinic courses, to build relationships with the local penal institutions and the subjects who are responsible for them, both from the point of view of the execution of the sentence and from the point of view of the security and guarantee of the rights of prisoners.
Prerequisites Passing the exams of Philosophy of Law, Criminal Law, Criminal Procedure Law.
Teaching methods Frontal lessons, in-depth seminars, meetings with professionals and experts, visits to institutions.
Learning verification modality Oral exam.
Extended program The Course, with a theoretical-practical approach, intends to provide students first of all with a philosophical framework of the criminal sanction, with references to the main theories on the foundation and purpose of the penalty and analysis of some constitutional sentences especially significant in the subject. The second part of the Course adopts a descriptive approach of the current penitentiary legal system, with references to the evolution of the system in Italy and analysis of the current structure of protection of fundamental rights in prison, of the "Charter of the rights and duties of internees" of 2012, of alternative measures to prison. Finally, concluding remarks will be dedicated to the radical change of perspective of the Cartabia reform and to the new alternative "substitutive" measures (semi-liberty, house arrest, community service, alternative pecuniary penalty), as well as to the prospects of restorative justice.
Obiettivi Agenda 2030 per lo sviluppo sostenibile 3 (good health and well-being); 10 (reduced inequalities); 16 (peace, justice and strong institutions).

LEGAL CLINIC 2 - II MOD.

Code A000070
Location PERUGIA
CFU 3
Teacher Rossella Fonti
Teachers
  • Rossella Fonti
Hours
  • 18 ore - Rossella Fonti
Learning activities Affini o integrative d.m.270/04
Area Attività formative in ambiti disciplinari affini o integrativi a quelli di base e caratterizzanti, anche con riguardo alle culture di contesto e alla formazione interdisciplinare
Academic discipline IUS/16
Type of study-unit Opzionale (Optional)
Language of instruction Italian
Contents The course focuses on the penitentiary system and the theoretical-practical study of the branches of law that contribute to its functioning.
Reference texts The exam can be taken on the basis of the teaching material used for the lessons and made available to students on Unistudium.
Educational objectives The aim of the course is to introduce students to the reality of the penitentiary system and to the tools of action of rights in the penitentiary field in an interdisciplinary perspective (philosophy of law, sociology of law, executive criminal justice, constitutional law).
Prerequisites To take the examination of Law Clinic 2, it is necessary to have taken the examination of criminal law and criminal procedural law.
Teaching methods Lectures and seminars.
Other information The prison legal clinic is divided into three parts:
1. Frontal teaching, dedicated to the reality of the penitentiary system and to the tools for the enforcement of rights in prison;
2. The "prison rights desk": the students, led by the teachers and tutors involved in the project, will go to the Perugia Prison where they will meet the inmates who have requested them to submit their complaints and requests for information on the possibilities of protection of rights. The group will immediately respond to the simplest requests for information. It undertakes to study the most complex cases and to report to the person in subsequent meetings;
3. In the final part of the course, each student will have to report on the case faced during the "prison rights desk" activity.
Learning verification modality Oral exam. Attending students will be assessed through a final interview which, starting from a case, will focus on the topics covered during the lessons.
Extended program The course analyzes the law relating to prisons, focusing on the Italian prison system, the principles and purposes of penitentiary treatment and on the entirety of the alternative measures to detention.

Will be examined the evolution of the defense of inmates’ rights from the case Torreggiani v. Italy to the introduction of specific remedies.
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