| Code |
A002694 |
| Location |
PERUGIA |
| CFU |
3 |
| Teacher |
Rossella Fonti |
| Teachers |
- Claudio Sartea (Codocenza)
|
| Hours |
- 18 ore (Codocenza) - 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.
|
| Other information |
|
| 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).
|
