Social sciences and humanities
Subject: DIRITTO PROCESSUALE PENALE DELLE SOCIETÀ (A.A. 2022/2023)
Unit Diritto processuale penale delle società
Related or Additional Studies (lesson)
The course offers a comprehensive analysis of the Decree n. 231/2001 and of the parts of the Italian Code of Criminal Procedure relating to that subject.
In order to sit the subject students should have passed Criminal procedure, Constitutional law and Criminal law.
Part I) societas delinquere (et puniri) potest; the sources; general principles; offences; corporate criminal liability. The criteria of imputation. The group of companies; the autonomy of corporate liability; the "mog"; the "o.d.v."; fraudulent evasion of the compliance program; employee crimes and mog; the penalty apparatus; events modifying the entity (3 CFU).
(Part II): wrongful prosecution; subjects, jurisdiction and competence; incompatibility to testify and regime of the legal representative; interdictory and real precautionary measures; investigation and preliminary hearing; special proceedings; trial; appeals; enforcement; exemptions for banks, financial intermediaries and insurance companies; profiles of market abuse proceedings (3 CFU).
The articulation of content in CFUs is intended as indicative and subject to change in light of student feedback as well as additional special needs.
The course will take place on campus, compatibly with sanitary provisions and consequent measures. Lecture-based course. Students may be given examples of Compliance programs. Attendance is not mandatory.
Exams will take place on campus, compatibly with sanitary provisions and consequent measures. Oral examination, consisting of at least three questions, lasting about twenty minutes. In order to pass the exam, it is essential to have understood the special features of the "231" system, as well as the differences between prosecution of companies and prosecution of individuals.
The course aims to provide students with:
1) Knowledge and understanding skills:
At the end of the course, students will have acquired a thorough knowledge of the subjects covered by the course, as well as a basic understanding of the functioning of the "criminal" trial against corporations;
2) Applied Knowledge and Ability to Understand:
The ability to make connections between the studied topics and, in particular, to move between the regulations contained in Decree 231/2001 and the applicable rules of the Code of Criminal Procedure;
3) Autonomy of judgment:
At the end of the course, students will be able to independently judge the structure of Legislative Decree 231, as well as the most significant jurisprudential pronouncements on the subject;
4) Communication skills:
At the end of the course, students will have acquired new skills on the technical-legal level, will have increased their ability to communicate and interact with legal practitioners, and will be able to use the relevant concepts, topics and terms appropriately.
5) Learning skills:
At the end of the course, students will have acquired the ability to independently use the understanding acquired for the continuous updating of their knowledge and skills.
A. Presutti - A. Bernasconi, Manuale della responsabilità degli enti, Giuffrè, ultima ed.
Il testo consigliato è presente in Biblioteca Giuridica.