78126 - The 'Foreigner' as a Perpetrator or a Victim of Crimes

Learning outcomes

Within the integrated course on the Profiles of substantive and procedural criminal law in the migratory phenomenon, the part dedicated to The "foreigner" as author or victim of crimes is aimed at introducing to the critical knowledge, in general, of the main issues on migratory phenomenon and, in particular, to the essential provisions of criminal law regulation.

The approach is targeted to increasing the reflective capacities of interdisciplinary nature, so as to combine the form with the substance of problems, the manifest with the latent of objectives, the law with the reality of processes, the principles with the techniques of interventions.

Course contents

Profiles of migratory phenomenon

- Immigration and work

- Migration and welfare

- Immigration and crime

- Migration and law

Criminal offenses on immigration

- Exhibition and counterfeiting of residence documents

- Illegal entry and stay in the territory of the State

- Aiding in illegal immigration

- Facilitation of illegal stay

- Transfer of property to illegal foreigner

- Relief and humanitarian assistance

- Trafficking in people

- Stay for reasons of social protection and for victims of domestic violence

- Discrimination on racial, ethnic, national or religious grounds

- Abusive administration, illicit intermediation and exploitation of labor

Readings/Bibliography

For students ATTENDING LESSONS

The texts to study will be collectively and/or individually agreed, based on the topics addressed and the interests expressed during the lessons.

For students NOT ATTENDING LESSONS

1) Francesca Curi, Federico Martelloni, Alvise Sbraccia ed Elena Valentini, I migranti sui sentieri del diritto – Profili socio-criminologici, giuslavoristici, penali e processualpenalistici, II edizione, Giappichelli, Torino, 2021, in the following parts:

– Prefazione di Mario Savino (pp. XIII-XVII);

– Pericolosi e funzionali, gli stranieri nel pensiero socio-criminologico di Alvise Sbraccia (pp. 3-51);

– Intermediazione illecita e sfruttamento lavorativo degli stranieri di Federico Martelloni (pp. 87-107);

– Il diritto penale speciale nel testo unico immigrazione di Francesca Curi (pp. 111-197).

2) Ciro Grandi, A proposito di reati culturalmente motivati, in Diritto penale contemporaneo, 3 ottobre 2011 (26 pp.).

Teaching methods

The whole course is held by the professor.

For those attending the course, the frontal lessons are accompanied by other activities with a seminar mode, such as the reflection on the covered topics, also through the sharing of multimedia materials, and the integration of cognitive perspectives, especially by the meeting with qualified figures, on which workshop activities to be carried out as individuals or in groups can be agreed.

Participants who will follow the course in presence, as well as those who will study by yourself the bibliography, are offered an integrated approach between categories and practices, in order to grasp the links between social structures and regulatory dynamics, functions and limits of the penal intervention in the migratory field.

Assessment methods

The exam takes place in oral form, with a discussion on the contents of the program, which can be obtained from the didactic activities attended and/or from the texts of studied bibliography.

All students are entitled to introduce in advance a topic of their choice in the course contents, with the exception of those attending students who have prepared a seminar activity, which is considered an elective part of the exam.

The criteria for determining the final judgment are as follows:

- educational gaps, faulty connections, inappropriate expressions in the context of the topics provided will result in a negative evaluation;

- superficial or mnemonic preparation of the topics dealt with, analytical and synthetic capacity not always autonomous or adequate, linguistic and conceptual expression just sufficient → 18-21;

- articulated preparation of the topics covered, minimal but present analytical and synthetic skills, at least discrete linguistic and conceptual expression → 21-24;

- extensive preparation of the topics developed, autonomous capacity for analysis and synthesis, good command and customization of the language and categories → 24-27;

- exhaustive preparation of the topics covered, critical ability to analyze and synthesize, full command and personalization of the language and categories → 28-30;

- excellent preparation of the topics discussed, original ability to analyze and synthesize, extraordinary mastery and personalization of the language and categories → laude.

Office hours

See the website of Davide Bertaccini