B000341 - CRIMINAL ENFORCEMENT LAW

italian

The course covers all the activities required to enforce the irrevocable penal sentence. After having defined the “systematic” framework, the lessons will delve into the issues of res judicata effects and effective execution of judgments. In the central part of the course the main stakeholders and the sentence execution modalities will be examined. Finally the program provides the analysis of penitentiary treatment, of alternatives to detention and of surveillance of the sentence execution.

a. For the subjects related to criminal procedure:
P. TONINI, Manuale di procedura penale, 11 ed., Milano, 2010 (or more recent edition):
- Parte V, capitolo 4 (Le impugnazioni straordinarie, § 1, 2, 3, 7)
- Parte VI, Cap. I (Il giudicato);
- Parte VI, Cap. II (L’esecuzione), excluded in paragraph 6, subparagraphs from d.4 until the end of paragraph 6.
The chapters should be supplemented by diagrams included in the volume already used in the Course of criminal procedural law (Guida allo studio del processo penale, a cura di P. TONINI, 6^ ed., Milano, 2010) or by the schemes distributed during lessons.

b. For the subjects related to Prison law:
L. FILIPPI – G. SPANGHER, Manuale di Diritto penitenziario, ed. Giuffrè, Milano, 3^ ed., 2011.
b.1. Compulsory.
Cap. 2.
- Il trattamento penitenziario e la corrispondenza epistolare, pag. 68-100.
- I provvedimenti di sostegno:
a) Le misure alternative alla detenzione in carcere; pag. 106-155.
b) Le misure premiali; pag. 163 a 185.
- Esecuzione presso il domicilio delle pene detentive non superiori ad un anno, pag. 268-278
Cap. 3.
- Il procedimento di sorveglianza, da pag. 369 a 445.

b.2. At student’s choice;
a sub chapter among the following:
- II. I provvedimenti di rigore, pag. 186-225.
- III. I provvedimenti extra-ordinem, pag. 228-265.
- V. I provvedimenti sospensivi, pag. 303-336.
- or, in the Manual, the Chapter “Procedimento presso il tribunale per i minorenni”.

It is essential to consult a criminal code and a code of criminal procedure and even a prison system code, duly updated.

Knowledge
The course provides information about the discipline of execution of the irrevocable measures and, in particular, to those who have, or impose a penalty or a measure of criminal law. The course provides detailed information on both, the so called "formal execution of the sentence," and the so called "effective execution" (imprisonment).
Capability
Ability to understand the rationale of institutions, taking also into consideration the system in which are placed. Ability to identify the relevant legislation and address the major legal issues involved, with reference to the role of the judge responsible for sentence enforcement and of the judiciary monitoring of the sentence execution.
Skills
Awareness of the main issues that arise during the sentence execution and sensitivity to the principles contained in the Constitution and to the guarantees provided by international conventions related to personal rights. Knowledge of legal profiles of criminal sentence execution and of imprisonment conditions in general with particular focus on rehabilitative jurisdiction.

For exam the student must have passed: General Constitutional Law, Private Law I, Criminal Law I, and Criminal Procedure Law.

Lectures

none

The examen will be an oral interview

The course covers all the activities required to formally and substantially enforce the penal sentence, once it becomes irrevocable. After having defined the “systematic” framework of sentence execution and of prison law, the lessons will delve into the issues of res judicata effects and effective execution of judgments, particularly in relation to the recent legislative innovations and to the main jurisprudential decisions. In the central part of the course the main stakeholders and the sentence execution modalities will be examined, with particular reference to the tasks and functions of the public prosecutor. The possible objects of the execution jurisdiction and the dynamic development of the execution procedure will be analyzed, with reference to the canons of the “fair trial”. Each actor will be defined following the principles contained in the Constitution and the guarantees provided by international conventions related to personal rights. Finally the program provides the analysis of penitentiary treatment, of alternatives to detention and of surveillance of the sentence execution, keeping in mind the rehabilitative purposes of punishment.