20111027 - Activities: Civil and criminal procedural law legal clinic for the protection of minors

scheda docente | materiale didattico

Mutuazione: 20111027 Attività: Clinica legale di diritto processuale civile e penale per la tutela dei minori in GIURISPRUDENZA LMG/01 R MACCARONI Giorgio Aldo

Programma

Part I – Consensual procedures and crisis resolution mechanisms

Fundamental principles of Title IX of the Civil Code

Fundamental principles of Title IV-bis of the Code of Civil Procedure (c.p.c.)

Consensual procedures in family law proceedings

Joint application proceedings (Art. 473-bis.51 c.p.c.)

Consensual separation and divorce

Agreements concerning children

Assisted negotiation

Judicial oversight
Part II – Procedural rules regarding persons, minors, and families

Scope of application of Title IV-bis c.p.c.

Commencement of proceedings

Evidentiary phase and judicial powers

Urgent measures and temporary/interim orders

Rules of evidence

New claims and new evidence (Art. 473-bis.19 c.p.c.)
Part III – Family crisis proceedings

Personal separation

Separation with attribution of fault

Divorce

Proceedings concerning children

Joint custody and sole custody

Child maintenance

Spousal maintenance

Assignment of the family home

Modifiability of orders (Art. 473-bis.29 c.p.c.)
Part IV – Civil protection of minors

Parental responsibility

Proceedings under Arts. 330–333 of the Civil Code •
Forfeiture and limitation of parental responsibility

Protective measures

Domestic or gender-based violence

Hearing the minor

Special guardian for the minor

Petition by grandparents/ascendants
Part V – Non-compliance with and violation of court orders (civil and criminal)

Implementation and enforcement of court orders

Measures in cases of non-compliance and violations (Art. 473-bis.39 of the Code of Civil Procedure)

Coercive measures and sanctions

Intra-family harm/damages

Willful failure to execute a court order (Art. 388 of the Penal Code)

Violation of family support obligations (Art. 570 of the Penal Code)

Violation of family support obligations in cases of separation
or dissolution of marriage (Art. 570-bis of the Penal Code)

Relationship between civil and criminal proceedings
Part VI – Juvenile criminal proceedings

Principles and objectives of juvenile criminal proceedings

Structure of the proceedings

Commencement of proceedings

Pre-trial precautionary measures

Dismissal due to the triviality of the offense

Preliminary hearing

Judicial pardon

Rehabilitation pathway for the minor

Suspension of proceedings and probation (*messa alla prova*)

Trial hearing and special procedures