Master’s degree in law
Penitentiary law
II semester – Year of the course (Fifth)
CFU 6 – Lessons 42 hours
Academic year 2024/2025
Course information
The Penitentiary Law course lasts six months and takes place in the second semester for a total of 6 credits (42 hours).
Teacher information
Prof.ssa Elena Augusta Andolina, Associate of Criminal Procedural Law (3 CFU – 21 haurs)
Department of Law, Economics, and Sociology
Prof. Giuseppe Tabasco Type b Researcher Criminal procedural law (3 CFU – 21 hours)
Department of Law, Economics, and Sociology
The office hours are indicated on the teacher page of the Department website.
Course description
The course delves into a sector of the legal system of fundamental importance in the training of criminal lawyers. Not only for the primary importance of the constitutional values at play in the penitentiary execution phase (on both the substantive and procedural penal side). The underlying theme is the ever-increasing practical relevance of the institutions of penitentiary law which are suitable for influencing the content of the criminal judgement, modifying it with a view to pursuing the re-educational purpose of the punishment pursuant to art. 27 paragraph 3 of the Constitution. Without neglecting that the duty of the (democratic) State to work towards the re-education of the convicted derives from the constitutional guarantee, as well as the right of the individual to be re-educated..
Course objectives and expected learning outcomes
- Offer students the knowledge and ability to understand the phase that follows the cognition procedure in the dual dimension of formal and substantial execution. The principles and rules of criminal execution and the penitentiary system are analyzed in a broader research context, encouraging the ability to integrate with knowledge relating to other sectors of the criminal legal system.
- Promote the ability to criticize and make judgment regarding the topics covered during the lessons through additional activities which will put them in direct contact with the issues addressed in the classroom (visits to penitentiary institutions and seminars with sector operators).
- Encourage students to intervene on the issues addressed in class, also through constant attention paid to regulatory and jurisprudential emergencies, thus also acquiring an adequate technical language.
- Raise awareness towards the main regulatory profiles subject to reform tensions.
Program (contents, methods of development)
Constitutional principles and execution phase of the sentence;
Educational law: art. 27, paragraph 3, of the Constitution;
The penitentiary legislation and its changes from ECHR jurisprudence;
Protection of prisoners’ rights;
The treatment of the condemned;
The individualization of treatment and choice of the institute;
The elements of individualized treatment: education and religion;
Penitentiary work
Contacts with the external way: the socialization of prisoner;
The discipline of interviews;
Reward permits and need permits;
Penitentiary security;
From art.90 of the penal order to the security order reads “Gozzini”;
Particular surveillance;
Order and security by article 41-bis, paragraph, penitentiary law;
The penitentiary double track; the prison system foreclosures;
Article 4-bis penitentiary law: the presumptive mechanism;
The suspension of the normal rules of treatment: art.41- bis, paragraph 2, penitentiary law;
The surveillance procedure;
Alternative measures to detention: foster careon trial;
Home detention and semi-freedom
Early release
Conditional release and sure repentance
Estimate of the time commitment required for the study
Individual Hours to devote to study for serious preparation: 150 hours.
Teaching methods used
The course develops through 42 hours of frontal teaching. Supplementary seminars may also be held in order to delve deeper into certain topics and discuss concrete cases.
Resources for learning (textbooks)
I testi indicati per lo studio della materia sono:
F. Della Casa – G. Giostra (a cura di), Manual of penitentiary law, edited by G. Giappichelli, Turin, 2023, latest edition;
or
A. Diddi, Manual of penitentiary law, edited by Pacini Giuridica, Pisa, 2023, latest edition.
Warnings: The study of textbooks must absolutely be integrated with constant consultation of the code. Given the continuous flow of regulatory data, we point out the absolute necessity to use the most recent edition of the study manuals and to consult the most recent edition of the criminal procedure code, to be integrated with any legislative amendments, as well as with any sentences of the Constitutional Court.
Support activities
Alongside the course lessons, additional activities are planned such as seminars with the presence of teachers from other universities and qualified magistrates, as well as visits to penitentiary institutions.
Attendance methods
Course attendance will take place in the 2nd semester. Although it is not mandatory, it is also strongly recommended for the purpose of a guided approach to study topics.
Method of Assesment
The exam will be carried out in oral form. Intermediate verification tests with an exemption nature are not envisaged. In order to pass the exam, the student must demonstrate sufficiently know the program in its entirety and of be able to express it in satisfactory language on the syntactic and technical level. The total or partial lack of these basic elements will result in the negative evaluation of the proof and therefore the student’s non-suitability to pass of the exam.
Once the presence of these minimum requirements has been ascertained, the student evaluation, aimed at identifying the grade final (18 to 30) will be done using the parameters here in shown below in the appropriate grid:
| Voting | Knowledge and Ability to use | Understanding analysis | References of the summary topic |
| Unsuitable | Important shortcomingsze.
Significant inaccuracies |
Frequent generalizations. Inability to synthesis | Completely inappropriate |
| 18-20 | At the threshold level. Obvious imperfections | Just emough capacity | Just appropriate |
| 21-23 | Knowledge is able to use the routine |
He is capable of corrent analysis amd synthesis. He argues logically and cpherentntly |
He uses standard references |
| 24-26 | Knowledge has ability to use | Good analysis and references good summaries. The arguments are expressed consistently | He uses standard references |
| 27-29 | More remarkable knowledge | He has considerable synthetic aalysis capabilities | He explored the toppics in depth |
| 30-30L | Knowledge has very good | Excellent ability to investigate analysis and of synthesis | Important insights |
