The course aims to offer a reading of prison law in the light of the Constitution, with an approach particularly attentive to the declinations of the normative datum in practice and case law, not only national. In this key, predominantly marked by the "constitutionalist" approach, it is intended to offer an enrichment of the students' cultural background by integrating the knowledge already acquired, from different angles (constitutional law, philosophy of law, criminal law, criminal trial law, international law, etc.), with the basic teachings offered in our degree course. Where permitted by the competent administration, visits to prison institutions will be organised.
scheda docente
materiale didattico
- analysis of the constitutional dictate placed to protect persons deprived of their liberty;
- analysis of the relevant penitentiary legislation as an expression of the constitutional dictate;
- analysis of the main jurisprudential pronouncements, national and supranational, on the subject;
- analysis of the rights of persons deprived of their liberty (health, work, affectivity, education, religion, not to be subjected to torture, to have a space in accordance with dignity etc.);
- analysis of the main instruments of protection placed to guarantee persons deprived of their liberty both jurisdictional and extrajudicial;
- simulations of legal cases to be solved.
In order to foster direct contact between students and the prison context, discussions with operators and visits to prison institutions are organized.
- Marco Ruotolo, Silvia Talini (a cura di), Dopo la riforma: i diritti dei detenuti nel sistema costituzionale, Volume I, Editoriale Scientifica, Napoli, 2019 with the exclusion of some parts that will be specified in class.
Mutuazione: 20110685 Diritti dei Detenuti e Costituzione in GIURISPRUDENZA LMG/01 TALINI SILVIA
Programma
Aiming to offer a reading of prison law in light of the Constitution, the course will be structured according to the following program:- analysis of the constitutional dictate placed to protect persons deprived of their liberty;
- analysis of the relevant penitentiary legislation as an expression of the constitutional dictate;
- analysis of the main jurisprudential pronouncements, national and supranational, on the subject;
- analysis of the rights of persons deprived of their liberty (health, work, affectivity, education, religion, not to be subjected to torture, to have a space in accordance with dignity etc.);
- analysis of the main instruments of protection placed to guarantee persons deprived of their liberty both jurisdictional and extrajudicial;
- simulations of legal cases to be solved.
In order to foster direct contact between students and the prison context, discussions with operators and visits to prison institutions are organized.
Testi Adottati
- S. Talini, La privazione della libertà personale, Editoriale Scientifica, Napoli, 2018- Marco Ruotolo, Silvia Talini (a cura di), Dopo la riforma: i diritti dei detenuti nel sistema costituzionale, Volume I, Editoriale Scientifica, Napoli, 2019 with the exclusion of some parts that will be specified in class.
Modalità Valutazione
Assessment consists of an oral examination in which the student's acquired knowledge is tested with two or three questions on the course syllabus. The evaluation is expressed as 30/30.