93400 - LO STRANIERO AUTORE O VITTIMA DI REATI

Course Unit Page

  • Teacher Francesca Curi

  • Credits 4

  • SSD IUS/17

  • Teaching Mode Traditional lectures

  • Language Italian

  • Campus of Bologna

  • Degree Programme Single cycle degree programme (LMCU) in Law (cod. 9232)

  • Course Timetable from Sep 20, 2021 to Oct 18, 2021

SDGs

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

No poverty Reduced inequalities Sustainable cities Peace, justice and strong institutions

Academic Year 2021/2022

Learning outcomes

The module aims to provide students with a knowledge of the main institutes regarding immigration criminal law. In particular, the following will be illustrated: the discipline related to the expulsion and expulsion of the foreigner, the crimes related to undocumented immigration and the use of irregular aliens. As regards the protection of the foreigner, as a victim of crime, attention will be paid to who the beneficiaries are and to the methods of protection of the victims of trafficking pursuant to art. 18 T.U. immigration law.

Course contents

The migratory phenomenon, which has taken on important economic, social and cultural implications, should be read as a structural and non-emergency datum. The course aims to analyze the relationship between criminal law and irregular immigration, developing on three distinct levels: that of constitutional principles, that of ordinary legislation and finally the plan of practice.

Criminal intervention techniques on immigration will be analyzed: construction methods of the cases; legal property; relations with constitutional principles (taxation; offensiveness; guilt; functions of punishment; etc.).

The attention will be focused on some cases of the T.U.Immigration that concern the foreigner as an author (illegal entry and stay in the territory of the state) or as a victim (trafficking). The issue of aiding illegal immigration will be analyzed with particular attention to the news.

Readings/Bibliography

F.Curi, F.Martelloni, A.Sbraccia, E.Valentini, I migranti sui sentieri del diritto. Profili socio-criminologici, giuslavoristici, penali e processualpenalistici, II ed., Giappichelli 2021, in press.

Teaching methods

A seminar-like approach will be privileged, in which alongside the presentation of the individual legal issues, space will be left for discussion.

In addition to the use of slides, films and more generally audiovisual material will be used.

Teaching will take place face to face, with the possibility of remote connection for students who opt for this modality.

Assessment methods

The course "The foreigner: author and victim of crimes" constitutes the first part of the course "IMMIGRATION: PROFILES OF SUBSTANTIVE AND PROCESSUAL CRIMINAL LAW". The second part is constituted by "Criminal procedure of immigration", carried out by Prof. Elena Valentini.

The final assessment includes an evaluation of both parts of the program. Please refer to what Prof. Valentini indicates in her web guide as regards criminal procedure profiles.

The students’ knowledge is assessed through a discussion, 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 aim is to verify the critical and methodological skills gained by the student, who will be invited to deal with the main topics covered during the course.

Particularly appreciated will be the student's ability to be able to orient himself in the field of normative sources and the main interpretative guidelines, both doctrinal and jurisprudential.

The achievement by the student of an organic vision of the topics dealt with during the test, the demonstration of the possession of an expressive mastery and of specific language will be evaluated with marks of excellence.

The mnemonic knowledge of the subject, non-articulated synthesis and analysis skills and / or correct but not always appropriate language will determine an average assessment.

Training gaps, inappropriate language, lack of orientation in the topics discussed will be evaluated negatively.

Teaching tools

We strongly recommend registering with the electronic distribution list, in which you can insert yourself following the instructions on the following web page www.dsa.unibo.it.

Through the list, notices can be sent on the progress of the lessons, as well as indicated or transmitted material for any further information.

Those who do not regularly consult their University email address (www.unibo.it/Portale/Il+mio+Portale/La+mia+e-mail.htm), can set up redirection to another email address (via the appropriate command inside the box itself).

Please do not reply to the messages from the list, nor send any communication (writing to the list means addressing all subscribers).

The messages sent by the teacher through the electronic list are not sent back by the computer system to those who subscribe to the list after sending them.

Office hours

See the website of Francesca Curi