The course focuses on the substantive and procedural legislation that regulates the execution phase of the sentence and, in particular: a) re-educational treatment and the rights of prisoners; b) alternative measures to detention; c) the implementation of the sanctioning command; d) the measures that involve the extinction, replacement and modification of the command; e) the judicial protection of the rights of prisoners.
Manuale di diritto penitenziario, edited by Giarda-Forti-Giunta-Varraso, Cedam Scienze giuridiche, Milano, 2021, excluding: §§ from 2 to 3.2 of the seventh chapter; the eighth chapter (The differentiated regimes).
Learning Objectives
Knowledge acquired: prison treatment in the ordinary and superordinate regulatory framework; alternative measures to detention; re-educational jurisdiction and judicial protection of the rights of prisoners (jurisdiction over rights)
Abilities: understand the purpose and functioning of the executive phase and of the individual institutes that operate there; address the main legal issues that arise before the supervisory judiciary
Skills: awareness of the values underlying the system of criminal execution in the light of the Constitution and international conventions on human rights; critical analysis of procedural and penitentiary legislation.
Prerequisites
It is necessary to have passed the exams of constitutional law and criminal law.
Teaching Methods
Frontal teaching lessons; seminar activities dedicated to the discussion on penitentiary issues addressed by the jurisprudence of the High Courts. A visit to one of the penitentiary institutions in Florence is foreseen, compatibly with the authorizations and organizational needs of the prison administration.
Type of Assessment
The exam is oral and consists of at least three questions on different topics.
The first question is of a general nature, in order to allow the student to demonstrate knowledge of the cardinal principles of execution and the ability to establish links between the various institutes.
The other questions are more specific and aim to test knowledge of the entire program.
In the examination of attending students, the ability to make adequate reference to the topics and materials analyzed in class will also be appreciated.
Course program
The purposes of the sentence in the constitutional framework - Birth and evolution of the penitentiary system - The tasks of criminal execution and its judicial nature - The sources of the law of criminal execution - The role of the public prosecutor in the executive procedure: the order of the execution, accumulation of concurrent sanctions, calculation of the pre-proposed sentence, suspension proceedings and deferral of the execution of the sentence
Prison administration: bodies and functions - Treatment of prisoners and rights of prisoners - Penitentiary organization and types of institutions - Principles, purposes and contents of prison treatment - Relations with the defender - Correspondence - Award and necessary permits - Licenses - Work - Religion - Alternative measures to detention: probationary entrustment to the social service, ordinary and extraordinary home detention, semi-release, early release - Security measures - Juvenile criminal execution - Discipline for detained mothers, mentally ill and foreigners - Surveillance judiciary and re-educational jurisdiction: jurisdiction , functions, typical and atypical jurisdictional models.
The guarantees of prisoners in the European Convention on Human Rights - The problem of prison overcrowding: the Torreggiani decision and its implementation in the internal system - Jurisdiction over rights: complaints and compensatory remedies