Knowledge and understanding
The students will acquire the knowledge and understanding of legislation and case law concerning criminal proceedings against juvenile offenders, through an analysis of different patterns of responses to the “youth justice problem”, different ratio and philosophical underpinnings, institutional arrangements, operational policies, procedures involving young offenders and the latest supranational guide-lines.
Applying knowledge and understanding
The teaching method is aimed at providing students with a knowledge of the main topics related to criminal proceedings against juvenile offenders. The teaching method consist in lectures, debates, problem solving of case law and seminars with some key-figures of the juvenile justice system, aimed at acquiring the abilities to apply knowledge and understanding on criminal proceedings against juvenile offenders, also by an in-depth analysis of the key-issues dealt with by D.P.R. n. 448/1988.
Age tresholds of criminal responsibility and liability to prosecution. Peculiarities of criminal proceedings against juvenile offenders. Age and personality assessment procedures. Specialized judicial bodies and specialized agencies. Specialized legal assistance. Safeguards for the protection of minors. The role of social services. Deprivation of personal liberty and remand powers. Mode of trial. Early definition of proceedings. Mediation and restorative justice. Probation. The sanction system and the safety measures. Appeals.
ZAPPALA’ (a cura di), La giurisdizione specializzata nella giustizia penale minorile, Giappichelli, Torino, 2015
or
DI NUOVO - GRASSO, Diritto e procedura penale minorile, Giuffrè, Milano, 2005, pp. 197-246, 327–336, 395–418, 467-499.
and
GIOSTRA (a cura di), Commento al D.P.R. 448/1988, Giuffrè, Milano, 2016, commento agli artt. 8, 9, 11, 25 - 34.
and
ROMANO - GRASSO, Commentario sistematico del codice penale, Vol. II, Giuffrè, Milano, 1996, pp. 70–79 (artt. 97, 98).