The aim of the course is to provide students with in-depth knowledge of criminal law provisions related to workplace Italian legislation, mainly with regard to occupational safety and health issues. Students will learn how the general and the special part of Criminal law are declined and applied with regard to the specific risks and patterns of responsibility arising in different work environments. Students who will successfully attend the course will be capable of dealing with specific and complex legal issues related to this particular sector of the penal area.
Expected learning outcomes
· The student will learn a legal discipline characterized by the application of criminal law provisions to the protection of life, health and dignity of workers. · Through the interpretation of the legal texts and the analysis of the relevant case-law, the student will learn the functioning of the institutes and how to deal with the relative problems. · The student will be encouraged to develop reasoning and develop individual critical positions with respect to the issues discussed during lectures. · The student will have to master the specific terminology of the subject area and use them to deal with institutions, disciplines, problems and to articulate legal reasoning. · The student who will have successfully attended the course will be able to independently keep on learning and deepening the subject matter and its developments.
Lesson period: Second semester
(In case of multiple editions, please check the period, as it may vary)
The course addresses, in a comprehensive way, the heterogeneous set of topics composing the so called Criminal labour law: i) offences against life, physical and mental health as well as safety of workers, taking into consideration both the offences provided by the Italian Criminal code and the provisions of the Italian legislation on occupational safety and health ("Testo Unico in materia di salute e sicurezza nei luoghi di lavoro"); ii) the responsibility of both employers as natural persons and legal entities (such as companies etc.) over which specific forms of administrative liability against crime are imposed; iii) further particularly topical sectorial issues, including illegal hiring and illegal brokerage, mobbing, repression of anti-union conduct, crimes relating to social security and welfare and whistleblowing. Particular attention is given to the case-law, by the analysis of main cases which have contributed to the evolution of the subject or which are still at the centre of the national debate.
Prerequisites for admission
Criminal law, Labour law
Lectures and discussions on text and materials which will be uploaded on the dedicated Arial webpage. The course will be entirely taught in Italian. No specific program is provided for Erasmus students.
Castronuovo, Curi, Tordini Cagli, Sicurezza sul lavoro. Profili penali, Giappichelli, 2019, salvo diversa indicazione fornita prima dell'inizio delle lezioni
Assessment methods and Criteria
The final exam will consist in an oral discussion, aimed at assessing both the knowledge of the concepts and the ability to critically address and resolve relevant legal issues through the re-elaboration of the acquired knowledge. At the beginning of the course, teachers will evaluate the possibility of carrying out an intermediate written exam reserved to attending students. Evaluations will be expressed in thirtieths.