93407 - PERSONE PERICOLOSE, FATTISPECIE DI PERICOLO E MISURE COERCITIVE NEL CODICE ANTIMAFIA

Learning outcomes

Students will be introduced to the preventive measures of the Italian legal system and will be made aware of the critical aspects with respect to the Constitution and the European Convention on Human Rights.

Course contents

The subject "Persone pericolose, fattispecie di pericolo e misure coercitive nel codice antimafia" represents one of the two parts of the integrated course "Diritto della sicurezza e della prevenzione", in combination with the subject "Accertamento della pericolosità nel procedimento di prevenzione ante-delictum" (Professor Silvia Renzetti). The two parts of the integrated course, although autonomous in their structure, cannot be selected separately, with the exception of students involved in exchange programmes (Erasmus and Overseas).

The course will initially focus on the historical development of prevention measures. Furthermore, the single preventive measures will be examined.

The most problematic profiles of the preventive measures system will be considered through the analysis of the most relevant case law, in particular with reference to the Italian Constitution and the European Convention on Human Rights (ECHR).

Readings/Bibliography

The materials to be studied for the exam will be made available on the Unibo web platform Virtuale, which is equally accessible to both attending and non-attending students. All students can therefore simply focus on the materials made available during the course.

For those who prefer to study the substantive profiles of prevention measures in more detail in a handbook:

- F. Basile, Manuale delle misure di prevenzione. Profili sostanziali, II ed., Giappichelli, Torino, 2021

or

- G. Insolera-T. Guerini, Diritto penale e criminalità organizzata, III ed., Giappichelli, Torino, 2022 (In particular, Chapter V).

Teaching methods

The course aims to encourage the involvement of the attending students, trying to stimulate discussion on the issues that will be addressed, starting from the selected case law. The course will therefore be based on lectures, but may also include reports and speeches by interested students.

Attendance is strongly recommended.

Assessment methods

The final test will be exclusively an oral exam.

The students’ knowledge is assessed through a discussion, to evaluate the actual achievement of the learning outcomes. The exam consists in an interview with the appointed commission on the topics included in the programme.

The assessment will take into account the knowledge of the relevant institutional framework, the ability to analyse doctrinal and jurisprudential opinions and, to single out connections between the relevant topics, to critical reasoning, as well as the clarity of presentation and critical thinking.

By way of example, the following criteria will be used to assign the final mark (that will be out of 30/30):

- knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language à 18-19/30;

- knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;

- comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;

- extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.

Teaching tools

Slides and further documents may be used during the course to analyse specific subjects. They will be available in the Unibo virtual space of the course (Virtuale).

Office hours

See the website of Matteo Leonida Mattheudakis