Corporate Criminal Law and Procedure
A.Y. 2023/2024
Learning objectives
The course is aimed at providing students with the analytical knowledge of Legislative Decree no 231/2001, that regulates the substantive and procedural aspects of legal entities' liability deriving from crimes. More in particular, through the course, students will acquire the knowledge of the general principles that rule the de societate proceedings, as well as the formal requirements that ground corporate criminal liability within our legal system, with specific attention to the case-law.
Other learning objectives will also be the basics of corporate organization, aimed at preventing the risk of commission of crimes and, therefore, the structure and function of the so-called "Organizational Models" or "231 Models," as well as the role of the Supervisory Board.
Other learning objectives will also be the basics of corporate organization, aimed at preventing the risk of commission of crimes and, therefore, the structure and function of the so-called "Organizational Models" or "231 Models," as well as the role of the Supervisory Board.
Expected learning outcomes
At the end of the course, student will have acquired the fundamental juridical knowledges on the "criminal" corporate liability regulation (as provided by Legislative Decree no 231/2001), useful both for the legal professions (considering the peculiarities, also at procedural level, that characterize the "231 system") and for the wide and complex "231 compliance" sector (i.e., the basic instruments to approach the evaluation about the adequacy and efficient implementation of an Organizational Model, applying for positions within the compliance functions in corporations).
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
The course deals with the substantive and procedural regulation of corporate liability deriving from crimes, i.e. Legislative Decree no 231/2001.
The course is divided into two parts:
(i) The first one (21 hours) will deal with:
- The historic framework of the criminal corporate liability
- The structure of the illicit committed by the legal entity
- the objective and subjective criteria to charge the corporate liability
- the so-called "colpa di organizzazione"
- the content and functioning of the Organizational Models
- the role and liability of the Supervisory Board
- sanctions and confiscation
- the liability of corporate groups and the cross-border one.
(ii) The second part (21 hours) will deal with:
- general principles of the proceedings
- criminal investigations against the legal entity
- precautionary measures
- the trial
- law of evidence within the de societate proceedings
- the special proceedings
- appeal instruments
- comparative profiles
The course is divided into two parts:
(i) The first one (21 hours) will deal with:
- The historic framework of the criminal corporate liability
- The structure of the illicit committed by the legal entity
- the objective and subjective criteria to charge the corporate liability
- the so-called "colpa di organizzazione"
- the content and functioning of the Organizational Models
- the role and liability of the Supervisory Board
- sanctions and confiscation
- the liability of corporate groups and the cross-border one.
(ii) The second part (21 hours) will deal with:
- general principles of the proceedings
- criminal investigations against the legal entity
- precautionary measures
- the trial
- law of evidence within the de societate proceedings
- the special proceedings
- appeal instruments
- comparative profiles
Prerequisites for admission
In order to attend and pass the exam in Corporate Criminal Law and Procedure, students should have attended and passed the courses in Criminal Law and Criminal Procedure.
Teaching methods
The theoretical concepts will constantly be explained through examples coming from case-law.
In order to fully understand the mechanisms through which criminal liability is charged to legal entities, together with the functioning of the proceedings against legal entities, attending students will be involved in discussions on real cases, examined by the most recent case-law.
In order to fully understand the mechanisms through which criminal liability is charged to legal entities, together with the functioning of the proceedings against legal entities, attending students will be involved in discussions on real cases, examined by the most recent case-law.
Teaching Resources
For attending students, teaching materials will be indicated during lessons.
For non-attending students: L. Lupària Donati - M. Scoletta, Materiali per lo studio della giustizia penale degli enti, in progress of publication
For non-attending students: L. Lupària Donati - M. Scoletta, Materiali per lo studio della giustizia penale degli enti, in progress of publication
Assessment methods and Criteria
The exam will consist in an oral interview, aimed at ascertaining knowledge of the topics covered in the entire course program, as well as the acquisition of adequate expository skills and ability to rework the notions learned.
Alternative examination modalities may be agreed for attending students.
Alternative examination modalities may be agreed for attending students.
IUS/16 - CRIMINAL PROCEDURE
IUS/17 - CRIMINAL LAW
IUS/17 - CRIMINAL LAW
Lessons: 42 hours
Professors:
Caneschi Gaia, Scoletta Marco Maria
Educational website(s)
Professor(s)