The course examines the judicial protection of the family and the minor, with particular focus on family law proceedings—including consensual and contested procedures—enforcement mechanisms and the consequences of non-compliance, as well as the relationship between civil and criminal protection and aspects of juvenile criminal proceedings.
teacher profile teaching materials
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Fundamental principles of Title IX of the Civil Code
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Fundamental principles of Title IV-bis of the Code of Civil Procedure (c.p.c.)
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Consensual procedures in family law proceedings
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Joint application proceedings (Art. 473-bis.51 c.p.c.)
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Consensual separation and divorce
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Agreements concerning children
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Assisted negotiation
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Judicial oversight
Part II – Procedural rules regarding persons, minors, and families
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Scope of application of Title IV-bis c.p.c.
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Commencement of proceedings
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Evidentiary phase and judicial powers
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Urgent measures and temporary/interim orders
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Rules of evidence
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New claims and new evidence (Art. 473-bis.19 c.p.c.)
Part III – Family crisis proceedings
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Personal separation
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Separation with attribution of fault
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Divorce
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Proceedings concerning children
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Joint custody and sole custody
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Child maintenance
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Spousal maintenance
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Assignment of the family home
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Modifiability of orders (Art. 473-bis.29 c.p.c.)
Part IV – Civil protection of minors
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Parental responsibility
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Proceedings under Arts. 330–333 of the Civil Code •
Forfeiture and limitation of parental responsibility
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Protective measures
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Domestic or gender-based violence
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Hearing the minor
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Special guardian for the minor
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Petition by grandparents/ascendants
Part V – Non-compliance with and violation of court orders (civil and criminal)
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Implementation and enforcement of court orders
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Measures in cases of non-compliance and violations (Art. 473-bis.39 of the Code of Civil Procedure)
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Coercive measures and sanctions
•
Intra-family harm/damages
•
Willful failure to execute a court order (Art. 388 of the Penal Code)
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Violation of family support obligations (Art. 570 of the Penal Code)
•
Violation of family support obligations in cases of separation
or dissolution of marriage (Art. 570-bis of the Penal Code)
•
Relationship between civil and criminal proceedings
Part VI – Juvenile criminal proceedings
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Principles and objectives of juvenile criminal proceedings
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Structure of the proceedings
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Commencement of proceedings
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Pre-trial precautionary measures
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Dismissal due to the triviality of the offense
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Preliminary hearing
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Judicial pardon
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Rehabilitation pathway for the minor
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Suspension of proceedings and probation (*messa alla prova*)
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Trial hearing and special procedures
Programme
Part I – Consensual procedures and crisis resolution mechanisms•
Fundamental principles of Title IX of the Civil Code
•
Fundamental principles of Title IV-bis of the Code of Civil Procedure (c.p.c.)
•
Consensual procedures in family law proceedings
•
Joint application proceedings (Art. 473-bis.51 c.p.c.)
•
Consensual separation and divorce
•
Agreements concerning children
•
Assisted negotiation
•
Judicial oversight
Part II – Procedural rules regarding persons, minors, and families
•
Scope of application of Title IV-bis c.p.c.
•
Commencement of proceedings
•
Evidentiary phase and judicial powers
•
Urgent measures and temporary/interim orders
•
Rules of evidence
•
New claims and new evidence (Art. 473-bis.19 c.p.c.)
Part III – Family crisis proceedings
•
Personal separation
•
Separation with attribution of fault
•
Divorce
•
Proceedings concerning children
•
Joint custody and sole custody
•
Child maintenance
•
Spousal maintenance
•
Assignment of the family home
•
Modifiability of orders (Art. 473-bis.29 c.p.c.)
Part IV – Civil protection of minors
•
Parental responsibility
•
Proceedings under Arts. 330–333 of the Civil Code •
Forfeiture and limitation of parental responsibility
•
Protective measures
•
Domestic or gender-based violence
•
Hearing the minor
•
Special guardian for the minor
•
Petition by grandparents/ascendants
Part V – Non-compliance with and violation of court orders (civil and criminal)
•
Implementation and enforcement of court orders
•
Measures in cases of non-compliance and violations (Art. 473-bis.39 of the Code of Civil Procedure)
•
Coercive measures and sanctions
•
Intra-family harm/damages
•
Willful failure to execute a court order (Art. 388 of the Penal Code)
•
Violation of family support obligations (Art. 570 of the Penal Code)
•
Violation of family support obligations in cases of separation
or dissolution of marriage (Art. 570-bis of the Penal Code)
•
Relationship between civil and criminal proceedings
Part VI – Juvenile criminal proceedings
•
Principles and objectives of juvenile criminal proceedings
•
Structure of the proceedings
•
Commencement of proceedings
•
Pre-trial precautionary measures
•
Dismissal due to the triviality of the offense
•
Preliminary hearing
•
Judicial pardon
•
Rehabilitation pathway for the minor
•
Suspension of proceedings and probation (*messa alla prova*)
•
Trial hearing and special procedures
