OVERVIEW

Penitentiary law deals with the study of the legal regulations applicable to prisoners and those relating to alternatives to detention. The course is aimed at students who intend to qualify as lawyers or take part in the competitive examination for admission to the judiciary. It is also essential for those who intend to take competitive examinations organised by the prison administration and the Department of Juvenile and Community Justice.

AIMS AND CONTENT

LEARNING OUTCOMES

Analysis of rules that apply during the execution of custodial sanction and prison security measures, with particular reference to the constitutional principles, the regulation of alternative measures, the sentencing proceedings.

AIMS AND LEARNING OUTCOMES

The first part of the course on prison law aims to provide students with an overview of the constitutional principles applicable to the enforcement of sentences, the internal prison regime established by Law No. 354/1975, and the role of the various operators. The second part of the course focuses in depth on the functions of the supervisory judiciary and the analysis of individual alternative measures to detention.
Individual study, attendance and participation in the proposed training activities will enable students to:

• Understand and remember the main methods of sentence enforcement;
• Understand that current trends favour the enforcement of sentences in non-custodial forms, which are less expensive and less de-socialising than prison custody;
• Interpret and apply the main reference standards, which are contained not only in the prison system but also in the criminal code, the code of criminal procedure and special legislation;
• Identify the most appropriate prison pathways according to the different legal positions of convicted persons;
• Understand and critically evaluate, with independent judgement, recent reforms in the sector, in light of the increasingly incisive rulings of the Constitutional Court and the European Courts;
• Read and critically examine, with independent judgement, scientific articles on prison law, texts of measures taken by the supervisory judiciary, as well as rulings by the Courts of Cassation, the Constitutional Court and the European Courts;
• Express oneself using appropriate legal technical language.

PREREQUISITES

In order to fully understand the subject, students must have studied constitutional law and criminal procedural law I.

TEACHING METHODS

The course consists of lectures, for a total of 36 hours (equivalent to 6 CFU), during which the main theoretical concepts of prison law will be presented and analysed, and practical examples and cases will also be proposed and discussed. Interested students will also be able to propose and present topics, including current affairs, to the class for collective discussion.
Scholars, magistrates and prison officers will be invited to give lectures on topics of particular interest and relevance, also with a view to enabling students to gain a greater awareness of the practical and applied aspects of the subject.
Training and seminar activities are also planned within the city's prisons (Marassi and Pontedecimo) as part of the University's Prison University Centre (https://unige.it/studenti/pup), a structure aimed at guaranteeing the right to education for people in prison. At the end of the course, and only for attending students, there will also be a visit to a Prison.

With regard to students with valid certifications for Specific Learning Disorders (SLDs), disabilities or other educational needs, they are invited to contact the lecturer and the Department's disability liaison (Prof. Isabel Fanlo Cortes, email isa.fanlo@unige.it) at the beginning of the course to agree on possible teaching modalities that, while respecting the objectives of the teaching, take into account individual learning modes.

Students with a disability certificate or SLD can request compensatory measures during exams (e.g., extra time, concept maps and diagrams, changes in written/oral mode).

SYLLABUS/CONTENT

- The principle of the rehabilitative purpose of punishment: constitutional jurisprudence on Article 27 of the Constitution - Prisons: facilities and staff - The supervisory judiciary - The different statuses of persons deprived of personal liberty - Re-educational treatment: the observation and treatment group - Elements of treatment - Protection of the rights of prisoners - Female detention and the juvenile prison system - So-called “impeding” offences, with particular reference to constitutional and supranational rulings on life imprisonment - “Difficult” prisoners: the problem of psychiatric disorders in prison, the disciplinary regime, the special surveillance regime, so-called “hard prison” (Art. 41-bis of the Prison Regulations) - Alternative measures to detention: prerequisites, methods of access, content, outcomes. - Proceedings before the supervisory judiciary.

RECOMMENDED READING/BIBLIOGRAPHY

Textbooks and any reading materials for attending students:

DELLA CASA-GIOSTRA, Manuale di diritto penitenziario (Manual of Prison Law), Giappichelli, latest edition, pp. 1-298.
Any legislative measures and/or Constitutional Court rulings that arise will be indicated during the course and published on aulaweb.

Textbooks and any reading materials for non-attending students:

DELLA CASA-GIOSTRA, Manuale di diritto penitenziario, Giappichelli, latest edition, pp. 1- 387.
N.B. – Students must demonstrate that they have updated the textbook by demonstrating knowledge of the most important legislative measures that have been introduced since its publication. In this regard, it is recommended that students contact the lecturer well in advance of the scheduled exam date.

TEACHERS AND EXAM BOARD

Exam Board

MITJA GIALUZ (President)

ALESSANDRO MALACARNE

JACOPO DELLA TORRE (President Substitute)

MICHELA MIRAGLIA (President Substitute)

ELISA GRISONICH (Substitute)

MORRIS MARINI (Substitute)

LESSONS

LESSONS START

10th february 2026

Class schedule

PENITENTIARY LAW

EXAMS

EXAM DESCRIPTION

The exam is oral and consists of several questions chosen to test the completeness of the candidate's preparation: for example, one question on rehabilitation treatment, one on the supervisory judiciary and one on alternatives to detention.

Attending students will have the opportunity to take the exam by presenting in class a report on an assigned topic. 

ASSESSMENT METHODS

The exam aims to verify students' effective knowledge and understanding of prison regulations, as well as their ability to interpret the relevant regulations in their full application in specific contexts of criminal enforcement. Through theoretical and general questions and the presentation of concrete cases, the examiner will assess whether the candidate is able to:
- identify and define legal concepts, using appropriate technical language;
- identify, distinguish and apply the main regulatory provisions governing the subject;
- understand and interpret, with a critical spirit and independent judgement, the main regulatory texts as well as the texts of the most important judgments included in the programme.