Social sciences and humanities
Subject: JUVENILE LAW (A.A. 2024/2025)
single-cycle master degrees (5 years) in LAW
| Course year | 5 |
|---|---|
| CFU | 6 |
| Teaching units |
Unit Diritto minorile - Modulo profili processual - penalistici
Training activities in similar subject fields or in fields integrating the basic and distinctive ones, also relating to context cultures and interdisciplinary training (lesson)
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Unit Diritto minorile - Modulo profili penalistici
Training activities in similar subject fields or in fields integrating the basic and distinctive ones, also relating to context cultures and interdisciplinary training (lesson)
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Unit Diritto minorile - Modulo profili privatistici
Training activities in similar subject fields or in fields integrating the basic and distinctive ones, also relating to context cultures and interdisciplinary training (lesson)
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| Exam type | oral |
| Evaluation | final vote |
| Teaching language | Italiano |
Overview
The course aims to provide the basics of the juvenile law, seen in its declination classic, that of the criminal law, but with a look at the basic characteristics of matter. Students are expected to perceive that the juvenile law must maintain a constant strain to the objective of maximum protection of the child and research of "all the best" that mankind owes to the child; therefore the cours extend the look to the horizon of a study of juvenile law as an autonomous subject.
The course aims ultimately to provide students with the tools necessary to be able to move independently, in future career, in the sources forming the juvenile criminal justice.
Admission requirements
None
Course contents
The program of the course covers the basic principles and institutions of the juvenile criminal justice: first from the point of view of the substantive law, also by the evolution of the matter in the directions of international and supranational legal culture; and secondly with regard to the most significant institutions peculiar to juvenile criminal proceedings.
More specifically, we will focus on international and supranational documents on the rights of the child, from the Geneva Declaration on the Rights of the Child (League of United Nations, 1924), then from the "Standard Minimum Rules for the Administration of Juvenile Justice "cd "Beijing Rules" (UN General Assembly November 29, 1985); to get to the Convention on the Rights of the Child, adopted by the UN General Assembly on 20 November 1989.
It will address the topic of crime prevention as a right of the child and that of function "only re-educational" of the punishment on the child; we will observe the two sides on which a child can deal with the criminal law, studying on the one hand the main offenses committed against the child and the legal interests protected (pornography, violence and sexual exploitation, abuse in the family, slavery and servitude, trafficking and Trade ....), and, in the other, the regulations on minor offenders; we will focus, in this context, the peculiar institutions of juvenile criminal trials (RDL July 20, 1934, n. 1404, "Establishment and operation of the Juvenile Court"; Decree of the President of the Republic September 22, 1988, n. 448, " provisions on criminal proceedings against minors "), in particular the mechanisms of early escape from the criminal circuit, the execution of the sentence for minors imputable, the security measures for minors not imputable.
Teaching methods
the method used will be that of lectures, with the help of power point presentations; We will try to engage students in a critical revision of the content offered, through active participation in the classroom based on dialogue and on specific insights performed by individual students
Assessment methods
oral examination (three questions, in about 30 minutes) preceded for the attending students by a written report explained in the classroom on a topic covered in class. the assessment of the report will be part of the outcome of the examination and will involve a reduction in its program
Learning outcomes
At the end of the course students will be able to 1. know and understand the relevant legislation relating to juvenile justice; 2. recognize individual rights to be protected and the procedural institutions relevant in a particular case; 3. independent evaluation of the validity of the regulations and the case law; 4. express doubts and expose assessments, opinions, viewpoints on the issues addressed; 5. further deepen in professional life concrete matter of juvenile criminal law
Readings
Alfredo Carlo Moro, Manuale di diritto minorile
Quinta edizione, Zanichelli, Bologna, 2014
Per i non frequentanti: cap. 1 ; cap. 2 pp.33/45 ; cap. 4; cap. 15; cap. 16; cap. 17; cap. 18; cap. 19 pp. 588/622; cap. 20. Integrazioni sul codice penale.
Per i frequentanti: cap. 1; cap. 2 pp.33/45; cap. 4; cap. 16; cap. 17. Integrazioni sugli appunti e sul codice penale