Criminal Law of Public Administration
A.Y. 2023/2024
Learning objectives
The teaching aims to provide concepts and argumentative tools that will make the student capable of dealing with complex issues related to the particular field of crimes against public administration. The course also aims to develop in the student the ability to rework the notions under study and apply them to concrete cases, developing skills of interpretive analysis and systematic framing of criminal norms. The course also aims to develop the ability to argue legal solutions in both written and oral form.
Expected learning outcomes
At the end of the course, the student who has profitably learned the subject matter will have a thorough knowledge of the issues inherent in the Criminal Law of Public Administration, as well as having developed an ability to argue and propose, in both written and oral form, legal solutions to complex issues related to this particular area of the special part of the Criminal Code.
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 will deal in an organic way with the set of issues that can be ascribed to the subject of criminal law of public administration: an area that has become increasingly important over the years, not only for those who will work in public administration, but also for those jurists - magistrates or lawyers - who will deal with so-called 'white collar' crime and corporate criminal law.
After a concise introduction to the special part of the Criminal Code, the first phase of the Course will focus on the analysis of the main figures of crime placed to safeguard the good performance and impartiality of public administration. In particular, both the crimes of public officials against the public administration (extortion, undue induction to give or promise benefits, bribery, embezzlement, abuse of office, etc.) and the crimes of private individuals against the public administration (trafficking in unlawful influence, disturbance of freedom of tenders, disturbance of the procedure for choosing a contractor, violence or threat to a public official, resistance to a public official, abusive exercise of a profession) will be examined. This analysis will be conducted by paying special attention to application practice and will also see the participation of magistrates and lawyers in class to examine court cases.
Some lectures will then be dedicated to the resolution of concrete cases, which students will have to solve in the classroom through the drafting of a written opinion (not subject to evaluation) and then discussing together the solution of the case in the following lecture.
The Course will also devote space to moments of in-depth study with a historical and socio-criminological slant, aimed at illustrating the development that the phenomenon of corruption has had in the history of our country and the related policies to combat it. Finally, the Course will devote some hints to topics related to the prevention of the phenomena of mala gestio of public power: the role of the National Anti-Corruption Authority (ANAC), the main administrative measures for the prevention of unlawful conduct in public administration (codes of conduct and codes of ethics, rules on incandidability/inconferability, rules on transparency), and the discipline to protect the public employee who reports wrongdoing (whistleblower).
After a concise introduction to the special part of the Criminal Code, the first phase of the Course will focus on the analysis of the main figures of crime placed to safeguard the good performance and impartiality of public administration. In particular, both the crimes of public officials against the public administration (extortion, undue induction to give or promise benefits, bribery, embezzlement, abuse of office, etc.) and the crimes of private individuals against the public administration (trafficking in unlawful influence, disturbance of freedom of tenders, disturbance of the procedure for choosing a contractor, violence or threat to a public official, resistance to a public official, abusive exercise of a profession) will be examined. This analysis will be conducted by paying special attention to application practice and will also see the participation of magistrates and lawyers in class to examine court cases.
Some lectures will then be dedicated to the resolution of concrete cases, which students will have to solve in the classroom through the drafting of a written opinion (not subject to evaluation) and then discussing together the solution of the case in the following lecture.
The Course will also devote space to moments of in-depth study with a historical and socio-criminological slant, aimed at illustrating the development that the phenomenon of corruption has had in the history of our country and the related policies to combat it. Finally, the Course will devote some hints to topics related to the prevention of the phenomena of mala gestio of public power: the role of the National Anti-Corruption Authority (ANAC), the main administrative measures for the prevention of unlawful conduct in public administration (codes of conduct and codes of ethics, rules on incandidability/inconferability, rules on transparency), and the discipline to protect the public employee who reports wrongdoing (whistleblower).
Prerequisites for admission
For students in the Bachelor of Science in Legal Services program: having taken the Criminal Law Institutions exam.
For students in the Master of Law degree program: having taken the Criminal Law examination.
For students in the Master of Law degree program: having taken the Criminal Law examination.
Teaching methods
During the Course there will be alternating theoretical lectures, classes devoted to the reading and discussion of judgments of the courts of merit and of the Supreme Court relevant to the subject matter, and classes focused on the resolution of concrete cases through the drafting of short written opinions, which are not subject to evaluation. The Course will also see the participation of magistrates (prosecutors and judges) and lawyers working in the field of public administration criminal law.
Teaching Resources
G. Amarelli, S. Fiore (a cura di), I delitti dei pubblici ufficiali contro la pubblica amministrazione, II ed., Utet Giuridica, 2021.
Codice penale e norme complementari, I blu Giuffrè, Giuffrè Francis Lefebvre, IX ed., 2023.
Codice penale e norme complementari, I blu Giuffrè, Giuffrè Francis Lefebvre, IX ed., 2023.
Assessment methods and Criteria
For non-attending students: the final examination, consisting of an oral test, will be aimed at testing knowledge of the concepts and the ability to judge and resolve legal issues pertaining to the subject of criminal law of public administration. The evaluation is expressed in thirtieths.
For attending students: as an alternative to the oral examination on the entire program, attending students will have the opportunity to take a written examination. The written examination must then be supplemented with an oral examination, to be prepared on a reduced syllabus compared to that of non-attending students.
For attending students: as an alternative to the oral examination on the entire program, attending students will have the opportunity to take a written examination. The written examination must then be supplemented with an oral examination, to be prepared on a reduced syllabus compared to that of non-attending students.
Educational website(s)
Professor(s)