DIRITTO PENALE COMMERCIALE
- Overview
- Assessment methods
- Learning objectives
- Contents
- Delivery method
- Teaching methods
- Contacts/Info
An appropriate knowledge of the Criminal Law is required.
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.
The course delves into the area of business criminal law, which constitutes an essential completion of the jurist's preparation in the field of criminal law. Indeed, on the one hand, Business Criminal Law belongs to the group of subjects in which university teaching of criminal law has traditionally been divided (from the last quarter of the last century onwards). On the other hand, it lives a perennial topicality thanks to legislative novelties and judicial practice; which translates into the demand by the market and the so-called “world of the professions” for expert figures (lawyers, magistrates, corporate lawyers) up-to-date in this field.
The Business Criminal Law course therefore intends to provide students with highly specialised legal skills in the field of criminal law, starting from an understanding of economic crime, understood as a criminal phenomenon no longer committed only by natural person (the so-called White Collar Criminal according to E. Sutherland's twentieth-century approach), but above all by a legal person (i.e. a company or corporation).
Secondly, the Business Criminal Law course intends to train the student with regard to the strategies developed by the criminal legislator to prevent and combat economic crime, including corporate crime, in some of the main fields of interest.
For this reason, particular attention will be devoted to:
- both the study of the institutes of the general part of criminal law relevant to “economic crime” cases;
- and the in-depth study of Legislative Decree 231/2001, which introduced in Italy the possibility of “punishing” a company for offences that it “committed” in its own interest;
- and the analysis of the peculiarities of certain complementary criminal law sectors, considered paradigmatic.
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”, the structural and criminological features common to economic crimes will be addressed, as well as the peculiarities of the criminal sub-system designed to combat corporate crime. Particular attention will be paid to the understanding of the political-criminal reasons underlying the criminal law discipline, also in the light of its regulatory evolution, emphasising - in this last regard - the importance of the dialogue between the Italian legislator and supranational sources.
The course also includes the study of the legal person liability (Legislative Decree no. 231/2001) and institutes developed to meet the need to allocate criminal liability within complex organisations: reference is made to the so called “ functions’ devolution” and the topic of subjective qualifications in corporate criminal law.
In the academic year 2024/2025, the study of Legislative Decree no. 231/2001 includes an in-depth study of offences committed by the corporation against safety at work.
In the academic year 2024/2025, the ‘special part’ of the course covers so-called ‘financial offences’ with particular attention to the relationship between the latter and artificial intelligence tools.
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.