- Docente: Daniele Vicoli
- Credits: 7
- SSD: IUS/16
- Language: Italian
- Teaching Mode: Traditional lectures
- Campus: Bologna
- Corso: Single cycle degree programme (LMCU) in Law (cod. 0659)
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:
- ne bis in idem principle;
- the order of criminal sentence enforcement and the requirements to apply for alternative measures to detention;
- “illegal sanctions” and remedies;
- defence of 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 evolution of the defense of inmates’ rights from the case Torreggiani v. Italy to the introduction of specific remedies.
Readings/Bibliography
ATTENDING STUDENTS
F. Caprioli-D. Vicoli, Procedura penale dell'esecuzione, II ed., Giapichelli, Torino, 2011.
The following parts must be studied:
Introduction, §§ 1-5.
First Part
- Chapter I, §§ 1, 2, 2.1 e 3.
- Chapter II, §§ from 1 to 1.3.
- Chapter III, §§ 1, 2 (§§ 2.1 e 2.2 are excluded), 3, 4, 4.1 e 4.2.
Second Part
- Chapter I.
Third Part
- Introduction.
- Chapter I.
- Chapter II, First Section, § 1.
- Chapter III, First Section; Second Section, §§ from 7 to 9.3.
Supplementary materials about the following topics:
- ne bis in idem principle;
- the order of criminal sentence enforcement and the requirements to apply for alternative measures to detention;
- “illegal sanctions” and remedies;
- defence of inmates’ rights.
NON ATTENDING STUDENTS
F. Caprioli-D. Vicoli, Procedura penale dell'esecuzione, 2ª ed., Giappichelli, Torino, 2011.
The following parts must be studied:
Introduction
First Part
- Chapter I.
- Chapter II.
- Chapter III, §§ 1, 2 (§§ 2.1, 2.2 are excluded), 3, 6.1, 7.1, 7.2, 7.3, 7.3.1, 7.3.2, 7.3.3, 8.2.
Second Part
- Chapter I.
- Chapter II, §§ 1, 1.1, 1.2, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.3, 2 e 3 (§§ 1.2.5 and 1.2.6 are excluded).
Third Part
- Introduction.
- Chapter I.
- Chapter II, First Section, §§ 1, 2, 3, 4, 5 e 6; Second Section.
- Chapter III, First Section; Second Section, §§ 7, 7.1, 7.2, 8, 9, 9.1, 9.1.1, 9.1.2, 9.1.3, 9.2, 9.3, 10, 10.1, 10.3, 10.4, 11, 11.1, 11.1.1, 11.1.2, 11.1.3, 11.1.5, 11.1.6, 11.2, 11.2.1, 11.2.2, 11.3.
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
Students will be evaluated through an oral exam.
Before taking the exam, students shall have already passed the exam of Private Law, Constitutional Law and 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 interests showed by the student.
Teaching tools
With regard to the topics above indicated, supplementary materials will be indicated during the course.
Supplementary materials will be available at http://campus.cib.unibo.it
Office hours
See the website of Daniele Vicoli
SDGs
This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.