B8954 - Enforcement of Punishment and Fundamental Rights

Learning outcomes

The course proposes to examine in depth the procedural phase that follows the res judicata of a criminal sentence to provide students with the notions and cultural tools indispensable for knowing a sector, that of the execution of sentences and the protection of the fundamental rights of prisoners, of growing interest on a scientific level and now of decisive importance in terms of the qualification of future magistrates or criminal lawyers as well as other professionals whose role is carried out in the imprisonment context.

Course contents

General principles.

The definitive sentence.

The enforcement of criminal sanctions.

The jurisdiction.

The proceedings.

Illegal sanctions: diagnosis and remedies

The inmates’ rights from the case Torreggiani v. Italy to the introduction of specific remedies.

THESIS

Thesis will be assigned after one or more meetings with the student. The subject will be chosen on the basis of the proposals of the student.

Readings/Bibliography

ATTENDING STUDENTS

F. Della Casa-G. Giostra, Manuale di Diritto penitenziario, IV ed., Giappichelli, 2025.

• Chapter I
• Chapter IV
• Chapter V §§ 7, 7.1, 7.2. and 7.3
• Chapter VII §§ 1, 1.1, 1.2, 3, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9 and 5

Supplementary materials about specific topics on VIRTUALE.

NON ATTENDING STUDENTS

- M. Ceresa Gastaldo, Procedura penale esecutiva, II ed., Giappichelli, 2025.

• Introduction
• Chapter I - First part §§ 1, 2, 3, 4, 5 and 6
• Chapter II - First part §§ 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 21; Second part §§ 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10
• Chapter III

- F. Della Casa-G. Giostra, Manuale di Diritto penitenziario, IV ed., Giappichelli, 2025.

• Chapter I
• Chapter IV
• Chapter V §§ 7, 7.1, 7.2. and 7.3
• Chapter VII §§ 1, 1.1, 1.2, 3, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9 and 5

Erasmus and other international students

The exam programme has to be agreed with the professor.

Teaching methods

Lessons will be focused on the rules which regulate the enforcement of criminal sentences, the general principles applying in this field and the most relevant interpretive issues.

Attention will also be given to the case law, according to a problem-based learning method.

Assessment methods

The students’ knowledge is assessed through an oral exam, to evaluate the actual achievement of the learning outcomes. The exam consists in an interview with the appointed commission on the topics included in the programme.

The assessment will take into account the knowledge of the relevant institutional framework, the ability to analyse doctrinal and jurisprudential opinions and, to single out connections between the relevant topics, to critical reasoning, as well as the clarity of presentation and critical thinking.

Even if it is not mandatory, it is strongly suggested not to take the exam before having passed the exam of Criminal Procedure.

Teaching tools

Students with learning disorders and/or temporary or permanent disabilities: please contact the SLDs office (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so that they can propose acceptable adjustments.

The request for adaptation must be submitted in advance (at least fifteen days before the exam date) to the professor, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

Office hours

See the website of Daniele Vicoli