DIRITTO PENALE E MINORILE

The Criminal Law and Criminal Juvenile Law course aims to provide essential knowledge of the criminal justice system, particularly with regard to fundamental principles, the structure of crimes, penalties, and the specific rules governing the criminal proceedings of minors.

Based on the Dublin Descriptors, students should achieve the following outcomes:

1. Knowledge and understanding. Students must demonstrate knowledge and understanding of the fundamental principles and institutions of criminal law, in their historical and contextual context, as well as the characteristics of criminal proceedings involving juvenile defendants. They must be able to identify and analyze inequalities and social and relational hardship, understand the concepts of marginalization and deviance and their evolution, as well as the institutional aspects of social action.

2. Applied knowledge and understanding. At the end of the course, students should be able to use the skills acquired to critically interpret current legislation and navigate different interpretations of legal data. They must also be able to use the regulatory framework and individual and collective resources to activate the assistance process and to design and implement public policies that presuppose knowledge of social phenomena.

3. Independent judgment. By the end of the course, students should be able to develop critical thinking on the criminal justice system in general and on the specifics of juvenile justice. They should also be able to scientifically verify the research and intervention hypotheses developed.

4. Communication skills. By the end of the course, students should possess the skills necessary to convey their knowledge and thinking on the general aspects of criminal law and the proceedings against juvenile defendants, demonstrating the ability to participate in public debate with awareness and operate within the regulatory parameters studied. They should have acquired the ability to communicate and interact with interlocutors from the scientific community, their own work environment, and the situations under investigation, and to develop reports and discussions using a professional and scientifically controlled methodology.

5. Learning ability. By the end of the course, students should possess the skills and competencies needed to continue learning independently, including the ability to identify texts and sources related to criminal law and juvenile criminal law and to develop in-depth knowledge of the topics covered. More generally, they should have acquired the ability to consciously and independently choose their study paths, both for further study and for specific career opportunities.

Frontal lessons.

General part of penal law. Penal system and fundamental principles. History of penal law and penal culture. Penal legislation and the principle of legality. Crime structure. The manifestation forms of crime. The author and the victim of crime. The juridical consequences of crimes: penal sanctions. Criminal system concerning minors. Minors who commit crimes: imputability; sanctions, with particular regard to substitutive sanctions and judicial forgiveness. Criminal process concerning minors: preliminary inquiries and precautionary measures; the judgement (above all, probation and irrilevant facts). Penitentiary system for minors. Mediation and restorative justice. The Cartabia reform. The so-called Caivano decree.

S. Aleo – E. Lanza, Il sistema penale, Giuffrè, Milano, 2016, pp. 1-258.

A. Mangione e A. Pulvirenti (editors), La giustizia penale minorile: formazione, devianza, diritto e processo, III ed. Giuffrè Francis Lefebvre, Milano, 2020, pp. 161-181, 194-211, 221-226, 463-563, 645-715.

As an alternative to the first volume by S. Aleo and E. Lanza, one may use G. De Santis, L. Della Ragione, and G. J. Sicignano (eds.), Lezioni di diritto penale per operatori sociali, Giappichelli, Turin, 2026, pp. 3-246.

Optional:
A. Mangione e A. Pulvirenti (editors), La giustizia penale minorile: formazione, devianza, diritto e processo, III ed. Giuffrè Francis Lefebvre, Milano, 2020, pp. 127-150.

The use of an updated criminal code is recommended.

During the lecture cycle, additional material will be made available via the Studium platform, especially concerning the most recent legislative innovations.

Oral examination.

To pass the exam, students must demonstrate, using appropriate language, knowledge of the main characteristics of the institutions covered. Particular attention must be paid to the fundamental principles of Italian criminal system, with particular reference to the principle of legality and its corollaries (reserve of law, prohibition of analogy, non-retroactivity and succession of criminal laws over time, specificity or sufficient specificity of the crime). Students in the Social Work program must also focus on the role of social workers in criminal proceedings, especially those involving juveniles (knowledge of the assessment of a minor's personality and juvenile probation is essential).

Deep knowledge of the various institutions, the ability to connect them, and the level of critical reasoning will all impact the grade.

To ensure equal opportunities and compliance with current regulations, interested students may request a personal meeting to arrange for any necessary compensatory measures and/or dispensations, based on educational objectives and specific needs. Students may also contact the designated CInAP (Center for Active and Participatory Integration – Services for Disabilities and/or Specific Learning Disorders) representative for their Department.

The grading scheme is as follows:

Fail

Knowledge and understanding of the topics: Significant deficiencies. Significant inaccuracies

Analysis and synthesis skills: Irrelevant. Frequent generalizations. Inability to synthesize

Use of references: Completely inappropriate

18/30-21/30

Knowledge and understanding of the topics: At the threshold level. Obvious imperfections

Analysis and synthesis skills: Barely adequate

Use of references: Barely appropriate

22/30-24/30

Knowledge and understanding of the topics: Routine knowledge

Analysis and synthesis skills: Capable of adequate analysis and synthesis. Argues in a sufficiently logical and coherent manner

Use of references: Uses standard references

25/30-26/30

Knowledge and understanding of the topics: Good knowledge

Analysis and synthesis skills: Has good analysis and synthesis skills. The topics are presented coherently.

Use of References: Uses standard references.

27/30-28/30

Knowledge and Understanding of the Topics: More than good knowledge.

Analysis and Synthesis: Has very good analysis and synthesis skills.

Use of References: Has thoroughly explored the topics.

29/30-30/30

Knowledge and Understanding of the Topics: Excellent knowledge.

Analysis and Synthesis: Has excellent analysis and synthesis skills.

Use of References: Important insights.

The principle of legality

The prohition of analogy in penal matters

The non-retroactivity of penal law

Causality between conduct and event

Differences between defence and state of necessity

Mens rea

Negligence

Dolus eventualis and conscious negligence

Attempted crime

Conditions for applying security measures

The investigations on minor's personality

Probation for minors

Irrelevance of crime

The minor's re-education path

Judicial forgiveness

The arrest of a minor caught in the act of crime

Conditions for applying precautionary measures to minors

The precautionary measures for minors