The course aims to provide students with a complete picture of the procedural and sanctioning discipline contained in Legislative Decree no. 231 of 2001, concerning Corporate criminal liability. Particular attention will be paid to the critical analysis of the institutions proposed and the peculiar logic governing the investigation of administrative offences dependent on crime. In this latter regard, a further objective of the course is to provide students with the necessary tools to master the company's organisational profiles with a view both to preventing offences and to the probative importance of company compliance within the proceeding already established against the company.
teacher profile teaching materials
The reference Volume to study is: M. Ceresa-Gastaldo, Procedura penale delle società, Giappichelli, Turin, 2021.
For the students attending the classes, the examination programme will mainly focus on the notes taken during the lessons.
Programme
The legal sources of the criminal procedural regulations for entities - The substantive prerequisites for the criminal liability of companies - Constitutional and supranational framework of the matter and interpretative problems of compatibility between the procedural guarantees granted to the accused individual and the position of the entity on trial - The representation and defence of the entity in the 231 trial - Virtuous organisational models and protocols of behaviour - Autonomy and interference between proceedings against the company and proceedings against the individual - Corporate liability and civil law claims - Preliminary investigations - Application of precautionary disqualification and real measures - Preliminary hearing and alternative rites - The trial phase - The system of evidence and investigation of offences dependent on crime - The system of appeals - Enforcement phase.Core Documentation
The reference Volume to study is: M. Ceresa-Gastaldo, Procedura penale delle società, Giappichelli, Turin, 2021.
For the students attending the classes, the examination programme will mainly focus on the notes taken during the lessons.
Type of delivery of the course
Frontal lectures in which all the fundamental topics of the institutional programme of the course are examined and some more specialised issues are analyzed in depth, including on a seminar basis.Type of evaluation
The teaching ends with an oral examination. In order to verify the level of achievement of the training objectives indicated, the student will have to answer two or three questions on the topics of the course, with reference to the text adopted and the notes of the lessons.