Juvenile Law (2009/2010)

Learning outcomes

The course will be divided into two parts. The first part will provide the essential notions concerning penal law, so that, in the second part, it will be possible to deal with the norms that qualify a specific discipline for the under-aged who commit a crime; such norms are based on the need to link up the purposes and the features of this branch of the law with the safeguard of the educational development of the under-aged.
We will focus on the stages and the features of the interventions foreseen by the law with reference to the under-aged who has committed a crime both in the pre-emptive phase and during the application of the punishment, with specific attention to the subjects who undergo such interventions.
Brief notions will be dedicated to the norms safeguarding the under-aged victim of a crime.

Part I
-Penal law
-The crime
-Imputability
-The functions of the punishment and of the safety measures
-Substitutive sanctions
-Causes of extinction of the crime and of the punishment
-Alternative measures

Part II
-Crime and juvenile deviance
-Birth and evolution of the juvenile penal system
Constitutional principles and international documents
-Juvenile Court
-Social Services
-Imputability of the under-aged
-Evaluations of personality
-Sanctionative juvenile system
-Causes eliminating imputability
-Juvenile penal procedure: structure, preventive measures, preliminary hearing
-Substitutory sanctions for the under-aged
-Execution of the detentive punishment and alternative measures to the detention
-Social dangerousness of the under-aged and safety measures
-Juvenile preventive system
-Safeguard of the under-aged victim of a crime.

Testi per l’esame:
PART I:
- FLORA – TONINI, Diritto penale per operatori sociali, Vol. I, Giuffré, Milan, 2002.

Part II:
Either
- MORO, Manuale di diritto minorile, Zanichelli, Bologne, 2008
Or
- FLORA – TONINI, Diritto penale per operatori sociali, Vol. II, Giuffré, Milan, 2002
or
- PALERMO FABRIS – PRESUTTI (a cura di), Diritto e procedura penale minorile, vol. V of Trattato di diritto di famiglia, co-ordinated by P. Zatti, Giuffrè, Milan 2002.
Penal Code and lecture notes on the law.

Oral exam.

The teacher will also take into consideration essays written by the students who have attended the course regularly, on specific topics previously agreed with the teacher.