The course aims to make students experts about Criminal law and Criminal procedure rules which are involved in business economics and corporation’s activities. First of all, the course will deal with the several roles of the corporation in dynamics of criminal justice and investigates different ways in which company’s organization must behave in relation to each of them: company as victim, company as accused person, company as theater of the rehabilitation of convicted people who benefit from alternative measures to imprisonment.
The specific topics will be presented in national perspectives and in the light of the EU law and of the Court Strasbourg’s case law.
The main part of the course will be devoted to the Italian system of corporate criminal law set up by the Legislative decree 8th June 2001 n. 231, linked with the corresponding system of corporate criminal procedural law. Because of this, students will learn the fundamental rules of criminal law and criminal procedure.
Furthermore, the course will be about the European approach to punitive discipline concerning market regulation (criminal and administrative law). In this part of the course students will examine the main pronouncements which have been given by the European Court of Human Rights and the European Court of Justice. Because of this they will be able to exert themselves in investigating European jurisprudence about European corporate criminal law guarantees and rules aimed at preserving the market from illicit forms of production of wealth.
The specific topics will be presented in national perspectives and in the light of the EU law and of the Court Strasbourg’s case law.
The main part of the course will be devoted to the Italian system of corporate criminal law set up by the Legislative decree 8th June 2001 n. 231, linked with the corresponding system of corporate criminal procedural law. Because of this, students will learn the fundamental rules of criminal law and criminal procedure.
Furthermore, the course will be about the European approach to punitive discipline concerning market regulation (criminal and administrative law). In this part of the course students will examine the main pronouncements which have been given by the European Court of Human Rights and the European Court of Justice. Because of this they will be able to exert themselves in investigating European jurisprudence about European corporate criminal law guarantees and rules aimed at preserving the market from illicit forms of production of wealth.
Curriculum
teacher profile teaching materials
Introduction to Criminal Justice
2nd week
Fundamental rights and Criminal justice in the light of the Italian Constitution
3rd week
Fundamental rights and Criminal justice in the light of the European Convention on Human rights
4th week
Adversay system and inquisitorial system
5th week
Basic notions of Criminal law in the Italian system
6th week
An introduction to Corporate criminal liability
7th week
The Italian system of corporate criminal liability
8th week
The crucial role of compliance programs to avoid the commission of crimes
9th week
The Italian system of Corporate criminal liability procedure
10th week
The whistleblowing in the Italian system
11th week
The European Court of Human rights' decisions concerning business economics
12th week
Work safety and Corporate criminal liability law and procedure
Programme
1st weekIntroduction to Criminal Justice
2nd week
Fundamental rights and Criminal justice in the light of the Italian Constitution
3rd week
Fundamental rights and Criminal justice in the light of the European Convention on Human rights
4th week
Adversay system and inquisitorial system
5th week
Basic notions of Criminal law in the Italian system
6th week
An introduction to Corporate criminal liability
7th week
The Italian system of corporate criminal liability
8th week
The crucial role of compliance programs to avoid the commission of crimes
9th week
The Italian system of Corporate criminal liability procedure
10th week
The whistleblowing in the Italian system
11th week
The European Court of Human rights' decisions concerning business economics
12th week
Work safety and Corporate criminal liability law and procedure
Core Documentation
Specific English papers or parts of English books will be suggested by professor to not Italian studentsAttendance
Optional attendanceType of evaluation
The exam consists in an oral test in which students must be able to show the skills which has been acquired by them during the course. Students have also to be able to solve specific theoretical and practical questions. If there is any student's request, it is possible to agree with the professor about another way of exam, founded on a paper made by the same student, to be discussed with the professor, instead of the usual examination.Mutuazione: 21210249 GIUSTIZIA PENALE ED ECONOMIA AZIENDALE in Economia e gestione aziendale L-18 R DI BITONTO MARIA LUCIA ANTONIETTA
teacher profile teaching materials
Introduction to Criminal Justice
2nd week
Fundamental rights and Criminal justice in the light of the Italian Constitution
3rd week
Fundamental rights and Criminal justice in the light of the European Convention on Human rights
4th week
Adversay system and inquisitorial system
5th week
Basic notions of Criminal law in the Italian system
6th week
An introduction to Corporate criminal liability
7th week
The Italian system of corporate criminal liability
8th week
The crucial role of compliance programs to avoid the commission of crimes
9th week
The Italian system of Corporate criminal liability procedure
10th week
The whistleblowing in the Italian system
11th week
The European Court of Human rights' decisions concerning business economics
12th week
Work safety and Corporate criminal liability law and procedure
Mutuazione: 21210249 GIUSTIZIA PENALE ED ECONOMIA AZIENDALE in Economia e gestione aziendale L-18 R DI BITONTO MARIA LUCIA ANTONIETTA
Programme
1st weekIntroduction to Criminal Justice
2nd week
Fundamental rights and Criminal justice in the light of the Italian Constitution
3rd week
Fundamental rights and Criminal justice in the light of the European Convention on Human rights
4th week
Adversay system and inquisitorial system
5th week
Basic notions of Criminal law in the Italian system
6th week
An introduction to Corporate criminal liability
7th week
The Italian system of corporate criminal liability
8th week
The crucial role of compliance programs to avoid the commission of crimes
9th week
The Italian system of Corporate criminal liability procedure
10th week
The whistleblowing in the Italian system
11th week
The European Court of Human rights' decisions concerning business economics
12th week
Work safety and Corporate criminal liability law and procedure
Core Documentation
Specific English papers or parts of English books will be suggested by professor to not Italian studentsAttendance
Optional attendanceType of evaluation
The exam consists in an oral test in which students must be able to show the skills which has been acquired by them during the course. Students have also to be able to solve specific theoretical and practical questions. If there is any student's request, it is possible to agree with the professor about another way of exam, founded on a paper made by the same student, to be discussed with the professor, instead of the usual examination.