93409 - ACCERTAMENTO DELLA PERICOLOSITA' NEL PROCEDIMENTO DI PREVENZIONE ANTE-DELICTUM

Learning outcomes

The form entitled "Assessment of the danger in the ante-delictum prevention procedure" concerns the procedural rules contained in the anti-mafia code. The supralgal norms (Constitution, ECHR, EU Charter of Fundamental Rights) which the legislative norms must be inspired by will be examined first. Attention will be paid to the problematic relationships between the prevention procedure and the criminal trial; the powers of preventive initiative assigned to the questore and the public prosecutor; the investigative tools that can be activated by the judicial authority as a precautionary measure; the procedure for applying both personal and real preventive measures; the defensive rights of the person subject to the preventive procedure.

Course contents

The first part of the course will deal with the historical evolution of the prevention system, in order to highlight its constants and to provide students with the tools to critically evaluate the current legislation.

The most problematic profiles of the prevention system will then be examined with reference to the Republican Constitution and the European Convention on Human Rights (ECHR) by examining the main arrests of the two High Courts.

In the second part of the course, the individual personal and property prevention measures will then be examined, also through the examination of the main jurisprudential cases.

Finally, ample space will be devoted to the study of the ante delictum prevention system dedicated to collective bodies, with particular reference to the anti-mafia discipline and the system of disqualifications, as well as to the anti-corruption discipline and the commissioning measures of "contaminated" and "occasionally contaminated" companies. .

Readings/Bibliography

For attending students it will be sufficient to study on the materials provided in class.

For non-attending students and for those who want to deepen the topic of prevention measures in the manuals:

- F. Basile, Manual of prevention measures, Giappichelli, Turin, 2020.

- G. Insolera-T. Guerini, Criminal law and organized crime, Giappichelli, Turin, 2019 (In particular, Chapter V).

For further information we also recommend:

- G. Amarelli-S. Sticchi Damiani, Anti-Mafia interdiction and other measures to combat mafia infiltration in public procurement, Giappichelli, Turin, 2019.

Teaching methods

Due to its vocation for in-depth study, the course intends to encourage the involvement of attending students, trying to stimulate discussion on the issues that will be addressed starting from the case law selected by the teacher.

The course will therefore be based on lectures, but may also include reports and interventions by the students concerned.

The courses of the first semester will be delivered according to the methods described at the following internet address

https://dsg.unibo.it/it/didattica/progetti-e-metodologie-didattiche/modalita-didattiche-presso-il-dsg-nel-i-semestre-a-a-2020-2021

Assessment methods

Oral examination

Teaching tools

Online teaching material

Office hours

See the website of Tommaso Guerini