93409 - Ascertaining Dangerousness in Ante-Delictum Prevention Proceedings

Learning outcomes

The module entitled "Assessment of Dangerousness in Ante Delictum Preventive Proceedings focuses on the structure and operation of proceedings for the imposition of personal and asset preventive measures, with particular emphasis on those governed by the so-called Anti-Mafia Code (Legislative Decree No. 159/2011). Upon completion of the module, students will have acquired knowledge of the legislative evolution of these proceedings, the constitutional and supranational legal framework within which they operate, the actors involved, the methods for assessing dangerousness, and the applicable standards of proof and decision-making. They will also be able to understand, through an in-depth analysis of relevant case law, the distinctive features that differentiate preventive proceedings from criminal proceedings, as well as the relationship between the two systems.

Course contents

Please note: this course constitutes one of the two components of the integrated course "Law of Security and Prevention", together with the module "Dangerous Persons, Offences of Endangerment and Coercive Measures under the Anti-Mafia Code" (Prof. Matteo Leonida Mattheudakis). Although the two modules are academically autonomous, they cannot be selected separately, except by exchange students (Erasmus and Overseas). The field of preventive measures has progressively assumed a central and pervasive role among the mechanisms for combating crime. Its continuous expansion, even following the enactment of the so-called Anti-Mafia Code (Legislative Decree No. 159/2011), reflects an increasingly significant political and legislative commitment to this area of the legal system. Within this broader development, preventive measures have undergone a marked evolution. Originally conceived as instruments for addressing relatively minor forms of social deviance (such as vagrancy, begging, gambling, and prostitution), they subsequently became tools for combating the most serious and socially alarming forms of criminality. More recently, largely through the proliferation of categories of so-called specific dangerousness, they have gradually acquired a function that increasingly resembles that of criminal punishment. Against this background, the course will focus primarily on the procedure governing the application of preventive measures falling within the jurisdiction of the judicial authority, while drawing upon the analysis of the different categories of dangerousness (namely, generic and specific dangerousness), which is addressed in the first module of the integrated course and is devoted to the substantive aspects of the subject. The course will therefore examine the procedure for the application of personal preventive measures, taking into account recent legislative developments and maintaining constant attention to the comparison between the preventive system and the procedural safeguards provided by the Italian Code of Criminal Procedure. Following an introductory overview of the structure and main features of preventive proceedings—including both first-instance proceedings and subsequent stages of review—the course will address the following topics in greater detail:

INTRODUCTORY PART

- Historical development of preventive measures (from Articles 153–208 of the original Consolidated Public Security Act (TULPS), through Laws No. 1423/1956, No. 575/1965, No. 152/1975, No. 646/1982, to the current Anti-Mafia Code);

- Constitutional and supranational principles (Italian Constitution, European Convention on Human Rights, and Charter of Fundamental Rights of the European Union).

PARTICIPANTS IN PREVENTIVE PROCEEDINGS

- The Chief of Police (Questore) and the Public Prosecutor (District Anti-Mafia Prosecutor and National Anti-Mafia Prosecutor);

- The person subject to the preventive proposal;

- Defence counsel;

- The judicial authority (specialised divisions of the district courts).

PROCEDURAL ASPECTS

- The relationship between preventive proceedings and criminal proceedings;

- The preventive proposal and its legal prerequisites; - Preventive investigations;

- Notice of the hearing, the right of defence, and the hearing of the proposed person;

- The evidentiary basis for the assessment of dangerousness;

- Evidentiary proceedings and the rules governing the taking of evidence;

- The final decision;

- The principle of the autonomy of preventive proceedings from criminal proceedings. Throughout the course, these topics will be examined through a critical analysis of the relevant case law.

INFORMATION FOR ERASMUS STUDENTS

Students participating in the Erasmus programme or other international exchange programmes are exempt from studying the historical overview outlined above.

 

Readings/Bibliography

The course includes the provision of explanatory slides, scholarly contributions, and the most significant judicial decisions through dedicated online platforms.

Teaching methods

The teaching method will follow in most part a problem-based approach.

The implies that students will be strongly encouraged to attend to the lessons, and to examine and discuss the cases that will be submitted by the teacher.

Assessment methods

Assessment will take the form of an oral examination designed to evaluate students' knowledge of the legal framework established by the Italian Anti-Mafia Code, including its legislative development, as well as their understanding of its relationship with higher-ranking constitutional and supranational (European Convention and other international) principles and its place within the broader legal system.

The examination consists of an oral interview with the course instructor and members of the teaching staff, covering the topics included in the course syllabus.

A single final assessment is held for both courses that make up the integrated course "Security and Prevention Law". Accordingly, there is one final grade and a single examination committee.

The assessment will take into account students' knowledge of the fundamental principles of the subject, their ability to analyse scholarly opinions and case law, to establish connections between the various parts of the syllabus, to develop critical arguments, and to present their ideas clearly. On this basis, the final grade will be awarded approximately according to the following criteria:

- 18–19: Knowledge limited to a very small number of topics covered during the course; analytical skills demonstrated only with the instructor's guidance; generally correct use of language.

- 20–24: Knowledge of a limited number of course topics; ability to carry out independent analysis only in relation to straightforward issues; correct use of legal terminology.

- 25–29: Knowledge of a broad range of course topics; ability to undertake independent critical analysis; confident command of the appropriate legal terminology.

- 30–30 with honours (30L): Comprehensive knowledge of all course topics; ability to undertake independent critical analysis and make connections across the syllabus; full command of the appropriate legal terminology, together with excellent argumentative and reflective skills.

Students with Specific Learning Disorders (SLD) or temporary or permanent disabilities: Students are strongly encouraged to contact the University's dedicated support office well in advance (https://site.unibo.it/studenti-con-disabilita-e-dsa/it). The office will propose any appropriate accommodations, which must be submitted to the course instructor at least 15 days before the examination for approval. The instructor will assess the suitability of the proposed accommodations in light of the course learning objectives.

Teaching tools

Slides and further documents may be used during the course to analyse specific subjects. They will be available in the virtual space of the course.

Office hours

See the website of Silvia Renzetti