09517 - Execution of Criminal Punishments - Procedural Law

Course Unit Page

SDGs

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.

Reduced inequalities Peace, justice and strong institutions

Academic Year 2021/2022

Learning outcomes

The course is aimed at providing students with the essential notions about effects and enforcement of criminal sentences.

Special attention will be paid to the significant adjustment the legislator has made in this field over the years. Also, it will be examined the most relevant case-law in relation to the following topics:

- double jeopardy principle;

- the order of criminal sentence enforcement and the requirements to apply for alternative measures to detention;

- “illegal" sanctions and remedies;

- the inmates’ rights.

Course contents

General principles.

The irrevocable sentence.

The double jeopardy principle.

The enforcement of criminal sanctions.

The jurisdiction.

The types of proceedings.

Illegal sanctions: diagnosis and remedies

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

Readings/Bibliography

ATTENDING STUDENTS

- M. Ceresa Gastaldo, Procedura penale esecutiva, Giappichelli, Torino, 2020.

  • Introduction
  • Chapter I - First part §§ 1, 2, 3 e 6; Second part §§ 1, 2, 3, 4 and 8
  • Chapter II - First part §§ 1, 2, 3, 4, 5, 6, 7, 8 and 21; Second part §§ 1, 2 and 3
  • Chapter III §§ 1 and 4

- F. Della Casa-G. Giostra, Manuale di Diritto penitenziario, II ed., Giappichelli, Torino, 2021.

  • 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, Giappichelli, Torino, 2020.

  • Introduction
  • Chapter I - First part §§ 1, 2, 3, 4, 5 and 6; Second part §§ 1, 2, 3, 4, 5, 6, 7, 8 and 9
  • 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 and 9
  • Chapter. III

- F. Della Casa-G. Giostra, Manuale di Diritto penitenziario, II ed., Giappichelli, Torino, 2021.

  • 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.

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.

Teaching tools

Students with disabilities or Specific Learning Disorders can ask to the Professor adaptations for their specific needs.

Office hours

See the website of Daniele Vicoli