DIRITTO PENALE COMMERCIALE

Degree course: 
Corso di Long single cycle degree (5 years) in Law - Como
Academic year when starting the degree: 
2021/2022
Year: 
3
Academic year in which the course will be held: 
2023/2024
Course type: 
Supplementary compulsory subjects
Seat of the course: 
Como - Università degli Studi dell'Insubria
Credits: 
8
Period: 
Second semester
Standard lectures hours: 
50
Detail of lecture’s hours: 
Lesson (50 hours)
Requirements: 

An appropriate knowledge of the Criminal Law is required.

Final Examination: 
Orale

Learning will be verified through an oral examination (a general question, followed by some more specific questions).
More specifically, the following skills will be subject to evaluation: the ability to report the contents of the program in accordance to the peculiarities of the subject and to correct logical-systematic rules; argumentative reasoning skills and problem-solving abilities; the communicative skills and the proper use of technical-legal terminology. The final mark will take into account not only the correctness of the answers, but also the possession of "generalist skills" (critical thinking, analytical reasoning, the ability to criticize an argument and to solve problems, technique and effectiveness of expression).
Logistically, examinations will be held in accordance with the University's rules.

Assessment: 
Voto Finale

The course delves into the area of economic criminal law, which is an essential complement to the criminal law preparation with respect to the teachings of Criminal Law and Advanced Criminal Law. On the one hand, economic - in particular, business - crime represents a test case for the resilience of the main institutes of the general part of criminal law; on the other hand, the solutions prepared by the criminal legislator to counter such crime have often proved decisive, in the broader context of so-called "modern" criminal law, for the innovation of the paradigms of imputation of criminal liability taken as a whole.
Having framed the "economic crime" from a criminological and structural point of view, the course aims to highlight the specificities of commercial criminal law both for the "general part" (in comparison with the general part of classical criminal law) and for the "special part" (in light of the particular implementation, in this area, of the models of protection made available by the criminal law arsenal).
The course also aims to emphasize the importance of integration between the different formants (normative, jurisprudential, doctrinal) of law (in this species, commercial criminal law) in order to fully understand the policy, exegetical and applicative problems of the subject.
At the end of the course, the student must be able to refer to the contents of the examination program, demonstrating adequate communicative ability based on the legal terminology of reference, as well as problem solving skills through the use of logical-legal arguments that are coherent and accompanied by the normative and jurisprudential references relevant to the individual topics covered.

The course is divided into a "general part" and a "special part". In the "general part" particular attention will be devoted to the study of political and criminal reasons of the penal discipline, even of the importance of a dialogue between the italian legislator and supranational sources.
The course also includes the study of the legal person liability (Legislative Decree no. 231/2001).
The "special section" of the course will examine corporate crimes, bankruptcy crimes and financial crimes.

Convenzionale

The course takes place in the second semester and includes 50 hours of lessons.
During the lectures will be presented the program, exposed political criminals questions and court cases.
The course aims to encourage active participation in the discussion of the students, to promote their communication and problem solving skills, the acquisition of the criminal law language and legal argumentation techniques.
On the e-learning platform will be uploaded files, jurisprudential cases and power-point presentations.
Logistically, the lectures will be held in accordance with the University's rules.

During the lecture period, office hours will take place at the end of the lecture or, by appointment by e-mail, at a date and time to be agreed in person or via Teams.
At the end of the lecture period, office hours will continue by appointment to be agreed by e-mail.
In any case, office hours are always guaranteed at least once a week.
To schedule a meeting and for requests for information or doubts, the lecturer is always available by e-mail at chiara.perini@uninsubria.it.
Students who have included in the study plan the "Criminal Business Law" exam as an optional 6 CFU exam are requested to ask the teacher for the relative reduced program.

Professors

Borrowers