The juvenile penal system; criminal protection of weak subjects and other cases - and special laws - of interest to the social worker (e.g. legislation on voluntary termination of pregnancy and assisted procreation; on drugs, etc.)
G.Flora - P. Tonini (edited by), Criminal law for social workers, Volume II (the areas of intervention), second edition, Giuffré, Milan, 2014: chapters I, II, III, VI, VII, VIII, X
G. Neppi Modona - D. Petrini - B. Giors, Criminal law and social service, Giappichelli, Turin, 2016, part two, chapters I, II, IV, VI
The exam program will be further clarified on the e-learning page near the first exam session, in consideration of the topics actually covered in class and the teaching material made available by the teacher on the same e-learning platform for updates and insights.
Learning Objectives
It offers the opportunity to continue the training course started with the study of the general part of criminal law and the fundamental principles of the criminal process. The course aims, in fact, to provide basic knowledge about special part criminal matters and complementary legislation, selected either for their relevance to the areas of intervention of the social worker, or for their peculiar political and civil importance, which makes them more generally significant for the construction of an active and aware citizenship, or for the acquisition of other skills which in any case imply a confrontation with criminal justice. At the end of the training experience, the student should possess the fundamental coordinates to orient himself in the complex geography of criminal legislation - which, as is known, extends well beyond the code - at least with reference to the sectors of greatest significance for the correct performance of activities of social intervention and public administration, or of particular delicacy as regards the social and / or family condition of the subjects involved (as victims or perpetrators). More specifically, the course intends to provide the lexical and conceptual tools to be able to dialogue without misunderstandings, in various capacities, with the technicians of criminal law, understood the latter both in its theoretical-scientific component and in its practical-application dynamics. Therefore, the lessons will not have only a professionalizing cut, but will transmit the necessary method to critically analyze the most varied criminal matters (political-criminal and legislative technique options, interpretation and application of the rule, spaces for corrective exegesis or for constitutional issues ), also on the basis of the constitutional principles already learned with the study of the general part, and not without a comparison with the solicitations coming from supranational institutions.
Prerequisites
Knowledge, albeit elementary, of constitutional law, criminal law (general part) and institutions of criminal procedure are required
Teaching Methods
Frontal lessons integrated by seminar activities; analysis of concrete cases through the reading, guided by the teacher, of judgments and doctrinal contributions; e-learning
Further information
All students, even out of course, will have to prepare themselves on the texts indicated here: the new program, moreover, constitutes an essential update on that of past years. Attending students will be able to prepare the exam mainly on the notes of the lessons and on the teaching material provided by the teacher during the course through the e-learning portal, although consultation of the manuals is highly recommended to integrate the topics covered in the lesson and consolidate the preparation
Type of Assessment
final oral exam. At the discretion of the teacher, and in agreement with the students, an intermediate oral or written test may be held, with voluntary participation. The mark of the intermediate test will average with the outcome of the final test, with some approximations at the discretion of the teacher.
The final exam consists more precisely in a technical conversation aimed at bringing out the ability to independently face issues, including concrete ones, of criminal law, with reference to the program as specified above. The candidate will be able to consult the penal code and any special laws: he will have to demonstrate logical, terminological and interpretative skills, not purely mnemonic. The test will consist of two or three questions (depending on the difficulty and the broader or more sectoral scope of the topic raised); at least one will have regard to fundamental principles or concepts of the discipline, with multiple implications, so that failure or incorrect answer may in itself compromise the success of the exam; questions on more marginal or detailed questions will help to better calibrate the vote according to the usual scale in thirtieths. The exam will be passed only if completeness of the preparation with respect to the extension of the program, mastery of the terminology, concepts and fundamental principles of the subject, reasoning skills and sufficient methodological skills in dealing with application problems that are not well known are found. to the student. An additional question may be proposed if it serves to the commission to decide about the award of the honors, or on the contrary the student's performance is at the limit of sufficiency and therefore there is uncertainty about passing the exam.
Where the candidate, attending or not attending, has decided to deepen a topic taking advantage of the teaching material made available to the teacher, the first question of the oral exam will focus on this topic.
Similar criteria will apply to any intermediate test.
Course program
First module
CRIMINAL LAW SPECIAL PART - CODE FACTS
- The publicity status of the social worker and the crimes against the public administration
- Criminal cases for the protection of the minor and weak subjects. Offenses against sexual freedom.
- The end of life criminal law
Second module
CRIMINAL LAW SPECIAL PART - COMPLEMENTARY LEGISLATION
- Criminal and administrative offenses relating to drugs
- Criminal immigration law
- Criminal aspects of termination of pregnancy and assisted reproduction
Third module
COMPLEMENTARY SYSTEMS
- The juvenile criminal justice system
- Criminal execution and penitentiary law (outline)