78126 - The 'Foreigner' as a Perpetrator or a Victim of Crimes

Learning outcomes

The course aims to provide students with the knowledge of the most significant rules regarding immigration criminal law. In particular, the discipline will be dealt with: the crime of illegal immigration; the facilitation of illegal immigration; employment of irregular labor; etc. The study of the figure of the foreigner as a victim of crimes will also be addressed: in particular the trafficking of human beings.

Course contents

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

We will analyze the techniques of criminal intervention in the field of immigration: methods of construction of the cases; legal asset; relations with the main principles of the constitutional order (legality; offensiveness; guilt; functions of the penalty; etc.).

Attention will be focused on some cases that concern the foreigner as an author (Entry and stay illegal in the territory of the State) or as victim (trafficking). 

Readings/Bibliography

F.Curi, F.Martelloni, A.Sbraccia, E.Valentini, I migranti sui sentieri del diritto. Profili socio-criminologici, giuslavoristici, penali e processualpenalistici, Giappichelli 2020.

Teaching methods

Will be use seminar mode for presenting the topics and discussion.

We will use video clips and more generally audiovisual material

Assessment methods

The final test will consist of an oral interview and will focus on the contents of the program.

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

It is strongly recommended that you subscribe to the telematic distribution list, where you can enter following the instructions on the following web page www.dsa.unibo.it.

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

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

Please do not reply to messages from the list, or send any communication (writing to the list means addressing all subscribers).

The messages sent by the teacher via the telematic list are not sent back by the computer system to those who subscribe to the list after they have been sent.

Office hours

See the website of Francesca Curi