Syllabus Diritto penitenziario (Penitentiary Law) a.a. 2025/2026 (in lingua inglese)

(CFU/ETCS):

Department of Law, Economics, and Sociology

Office No. 10, on the ground floor, at the Department of Law, Economics and Sociology

Upon request to be sent to the email address giuseppe.tabasco@unicz.it, it is possible to arrange remote student office hours on the Google Meet platform.

Hands-on practice (lab, field, exercises, other)

The course aims to provide students with in-depth knowledge of basic national and European legal culture in penitentiary matters, including case study techniques and methodologies, in relation to topics useful for understanding and evaluating principles or institutions; historical knowledge that allows for the evaluation of institutions from a diachronic perspective; the ability to draft clear, relevant, and effective procedural documents, well-argued and relevant to the contexts in which they are used, including with the use of IT tools; exegetic skills, case study analysis, legal qualification, understanding, representation, evaluation, and awareness to address interpretative and applicative issues of criminal procedural law. The course provides basic tools for updating and deepening one’s skills. It is therefore structured to enable students to acquire full analytical, interpretative, and reconstructing skills in legal institutions, in accordance with the professional objectives it is specifically designed to achieve.

The course consists of 42 hours of classroom teaching.

Seminars may be held to explore specific topics in greater depth.

Attendance is not mandatory. However, it is strongly recommended, especially for a guided approach to the topics covered.

To be specified for each student

Dublin Descriptor

Through the study of prison law, students will be expected to understand the fundamentals of the prison sentence enforcement system. Specifically, they will acquire the ability to understand the institutions of prison law that influence the content of criminal judgments, modifying them with a view to pursuing the rehabilitative purpose of punishment, pursuant to Article 27, paragraph 3, of the Constitution. They will also acquire knowledge of the jurisdictional activity of the supervisory judiciary, including from the perspective of supranational sources.

1. Knowledge and Understanding (DD1)

The student will acquire an in-depth understanding of the structural characteristics of the prison system and the fundamental criteria that govern it, including in relation to the guiding principles contained in the Constitutional Charter and the International Charters of Human Rights.

2. Applied Knowledge and Understanding (DD2)

The student will be able to apply the knowledge acquired to the analysis of concrete cases, also in light of the examination of diverse – or conflicting – approaches in doctrine and case law.

3. Critical and Judgmental Skills (DD3)

The student will acquire independent judgment in the use of data and regulatory tools, developing a personal capacity for critical evaluation of penitentiary issues, relevant case law, and practice. The student will therefore develop the ability to propose personal and independent interpretative solutions, consistent with the values of the penitentiary system, freeing himself from the standardizing approach inherent in the uncritical use of legal databases.

4. Communication Skills (DD4)

The student will acquire the ability to use correct and appropriate specialized technical language to convey complex legal content to both specialists (such as legal professionals) and non-specialists (such as their clients), both orally and in writing, even in interdisciplinary contexts.

5. Ability to Continue Studying Independently Throughout Their Life (DD5)

The student will acquire methodologies and techniques, such as textual analysis aimed at identifying the rationale behind legal data and the context of individual provisions within the legal system, which will enable them to connect the problem and the system, also with a view to a postgraduate professional career or research activities.

I. Constitutional principles and the enforcement phase of the sentence. – II. The re-educational sentence: art. 27, paragraph 3, of the Constitution. – III. Prison legislation and the developments brought about by ECHR jurisprudence. – IV. The protection of prisoners’ rights. – V. The treatment of convicted prisoners. – VI. Individualization of treatment and choice of institution. – VII. The elements of individualized treatment: education and religion. – VIII. Prison work. – IX. Contacts with the outside world: the socialization of the prisoner. – X. The discipline of interviews. – XI. Award permits and emergency permits. – XII. Prison security. – XIII. From art. 90 of the penitentiary ordinance to order and security in the “Gozzini” law. – XIV. Special surveillance. – XV. Order and security pursuant to art. 41-bis, paragraph 1, of the penitentiary ordinance law. – XVI. The dual penitentiary system; the system of preclusions. – XVII. Article 4-bis of the penitentiary ordinance: the presumptive mechanism. – XVIII. The suspension of normal treatment rules: Article 41-bis, paragraph 2. – XIX. The surveillance procedure. – XX. Alternative measures to detention: probation. – XXI. Home detention and semi-liberty. – XXII. Early release. – XXIII. Conditional release and certain repentance.

F. DELLA CASA – G. GIOSTRA (eds.), Manual of Penitentiary Law, G. Giappichelli Editore, Turin, latest edition;

or

A. DIDDI, Manual of Penitentiary Law, Pacini Giuridica, Pisa, latest edition

The final exam will be oral. There will be no interim assessments for exemptive purposes. To pass the exam, students must demonstrate sufficient knowledge of the entire program and the ability to express it in satisfactory syntax and technical language. Failure to meet these basic requirements, either in whole or in part, will result in a negative assessment of the exam and therefore the student will not be eligible to pass the exam. Once these minimum requirements have been verified, the student’s assessment, aimed at determining the final grade (from 18 to 30), will be carried out using the following parameters.

Knowledge and Understanding:

Unsuitable if the candidate has significant deficiencies and significant inaccuracies.

Grade:

18-20

If the candidate has a threshold level and has obvious imperfections.

Grade: 21-23

If the candidate has routine knowledge.

24-26

If the candidate has good knowledge.

27-29

If the candidate has more than good knowledge.

30

If the candidate has excellent knowledge.

Making Judgements:

Unsuitable if the candidate has frequent generalizations and an inability to summarize.

Grade:

18-20

If the candidate has only adequate skills.

21-23

If the candidate is capable of correct analysis and synthesis, as well as logical and coherent argumentation.

24-26

If the candidate expresses arguments coherently and has good analysis and synthesis skills.

27-29

If the candidate has notable analysis and synthesis skills.

30

If the candidate has excellent analysis and synthesis skills.

Communication skills

Failed if the presentation is completely inappropriate. Grade:

18-20

If the quality of the presentation is barely adequate

21-23

If the quality of the presentation is standard

24-26

If the quality of the presentation is above standard

27-29

If the presentation demonstrates that the topics have been thoroughly explored

30

If the presentation demonstrates that the topics have been thoroughly explored in a specific and critical manner