Corporate criminal procedure

A.Y. 2020/2021
Overall hours
Learning objectives
The content of the teaching is focused on an area of the criminal procedural law which has particular significance and is under constant evolution, in the current economic and legal reality. Knowledge of d.lgs. n. 231/2001 is an essential requirement for the training of the criminal lawyer operating in a judicial context that has at the center companies and economic interests.The objective is to learn different methods of interpretation and of application of the criminal procedural rules in regulatory frameworks that involves more than one legal system with an approach careful to the relations between substantial and procedural law
Expected learning outcomes
Through the course will be acquired an in depth knowledge of the criminal procedural law in the legal system under exam. The perspective is to develop both an autonomous judgment, in the reconstruction of the scheme provided by the rules of the legal system under exam, and the communication's abilities on the juridical reasoning, also in order to resolve concrete issues. Over the teaching the student could acquire or sharpen his/her capability to work out persuasive answers to technical or practical procedural queries.
Course syllabus and organization

Single session

Lesson period
Second semester
The lessons will be held in "live" mode on the Microsoft Teams (MT) platform and can be followed both in synchrony on the basis of the second semester schedule and asynchronously, because they will be recorded and left available to students on the Ariel teaching website . If the health situation allows it and in compliance with the indications, there may be activities in presence in the classroom, of which the students will be appropriately informed by means of notices on the Ariel website.

The program and reference material will not be affected.

The exam will take place in oral form using the Microsoft Teams platform or, if the regulations will allow it, in presence, always in oral form.
The exam, in particular, will be aimed at:
- ascertain the achievement of the objectives in terms of knowledge and understanding;
- verify the student's autonomy of judgment also through the analysis of the cases discussed during the course or mentioned in the textbooks;
- ascertain the command of the specific language and the ability to present the arguments in a clear and orderly way.
Course syllabus
- general theory and constitutional profiles of the administrative penal process;
- substantial profiles of the administrative offense;
- compliance programs;
- preliminary investigations;
- defense and participation of the company;
- trial against the company.
Prerequisites for admission
Criminal procedure law
Teaching methods
Lectures with the study of practical cases.
Teaching Resources
M. Ceresa-Gastaldo, Procedura penale delle società, III ediz., Giappichelli, 2019
Assessment methods and Criteria
Oral test, evaluated in thirtieths.
Evaluation parameters:
- ability of critical judgment, independently from previous interpretations of doctrine and jurisprudence;
- communication skills in terms of legal reasoning, even in the solution of concrete problems.
IUS/16 - CRIMINAL PROCEDURE - University credits: 6
Lessons: 42 hours