Learning objectives
This module aims to provide the student with the fundamentals of substantive criminal law with regard to gender-based violence, through the analysis of the regulations (both supranational and national) that have succeeded one another over the years, of some selected crimes (mistreatment against family members and cohabitants ex art. 572 c.p, also with reference to witnessing violence; sexual violence ex art. 609 bis c.p.; stalking ex art. 612 bis c.p.; revenge porn, ex art. 612-ter c.p.) and their case law.
The aim is to provide the student with the necessary tools to be able to move independently and methodically, in his/her profession, in this context, understanding the main legal issues concerning these crimes.
Prerequisites
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Course unit content
Class 1
The first class will briefly present the international and European legal framework on gender-based violence and the evolution of the national legal framework (see the so-called "Legge sul femminicidio" of 2013 and the so-called "Codice Rosso" of 2019). We will then focus on the analysis of the main crimes (mistreatment against family members and cohabitants ex art. 572 of the Criminal Code, also with reference to witnessing violence; sexual violence ex art. 609 bis of the Criminal Code; stalking ex art. 612 bis of the Criminal Code; revenge porn ex art. 612-ter of the Criminal Code).
Class 2
In the second class, the crimes illustrated in the previous class will be studied from the perspective of the case law. The analysis of the decisions will be done through group work method.
Class 3
In the third class a criminal lawyer who is expert in case concerning gender-based violence will be present and will focus on some practical cases.
Full programme
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Bibliography
F. Roia, Crimini contro le donne. Politiche, leggi, buone pratiche, Milano, 2017 (cap. 2)
F. Basile, La tutela delle donne dalla violenza dell’uomo: dal Codice Rocco. al Codice Rosso, in Diritto penale uomo, 20.11.2019 ( link: https://dirittopenaleuomo.org/contributi_dpu/la-tutela-delle-donne-dalla-violenza-delluomo-dal-codice-rocco-al-codice-rosso/) (except par. 3.4.2. which belongs to che mudule of che course concerning criminal procedure)
Teaching methods
Frontal lectures will be alternated with socratic method, through group work and practical exercises. Priority will always be given to a discussion with students, also in order to develop argumentative and critical skills. A Lawyer expert in gender-based violence cases will be present in the last class and she will dialogue with students on these issues.
Assessment methods and criteria
The exam is written and it is a multiple choice test. It is a unique exam for all the modules (see the general description of the course)
Other information
The Professor is available during the receiving hours and by e.mail.
