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Subject: CRIMINAL LAW OF LEGAL PERSONS AND THE ECONOMY (A.A. 2022/2023)

degree course in LAW IN BUSINESS AND PUBLIC ADMINISTRATION

Course year 3
CFU 6
Teaching units Unit Diritto penale delle persone giuridiche e dell'economia
Related or Additional Studies (lesson)
  • TAF: Supplementary compulsory subjects SSD: IUS/17 CFU: 6
Teachers: Luigi FOFFANI
Exam type oral
Evaluation final vote
Teaching language Italiano
Contents download pdf download

Teachers

Luigi FOFFANI

Overview

The educational objective - to be achieved through participation in classes and / or through individual study - is, first of all, a thorough preparation of commercial criminal law. This preparation is mainly oriented to acquire adequate knowledge to allow access to training at the schools of specialization for the legal professions, the university masters or doctoral schools, as well as to provide students with the tools needed to undertake the classic legal career paths (lawyers and judges in the first place) or paths of a different kind such as, for example, that of business lawyer.

Admission requirements

Since there are no longer any mandatory prerequisites, the course can be taken by all students. However, it is recommended that those who have not yet taken the relevant exams have a sufficient knowledge of the basics of criminal law and commercial law.

Course contents

1) Introduction: Definition, distinctive criteria and scope of the subject. Extra-codic character of the discipline. Protected interests and protection techniques. Relationship with extra-criminal discipline. Relationship with administrative sanctions. The historical trend towards Europeanisation.

Teaching methods

The course will be held in person, or at a distance (in streaming and/or asynchronous mode) if required by the health conditions and the consequent organizational measures; the students will be promptly updated".The course is carried out mainly through lectures, conducted in such a way as to encourage the active participation of students. Seminars and meetings dedicated to an in-depth study of current issues in commercial criminal law are also offered, also with the presence of external speakers. Particular attention is given to the discussion of concrete cases, in order to examine the concrete dynamics of commercial criminal law. For the participation in the lessons and the preparation of the exam, the constant consultation of an updated code is recommended.

Assessment methods

Examinations and intermediate tests will be held in attendance, consistent with health regulations or special technical needs. For attending students: Attending students will have the opportunity to take the first part of the exam on the basis of a written test, reserved for them, which will be taken at the end of the course and will focus on one or more practical cases. The second part of the examination, oral, will focus on one of the cases indicated in the textbook edited by Foffani and Castronuovo [(Cases of criminal law of the economy. I. Impresa e mercato (Cirio, Parmalat, Antonveneta, BNL-Unipol)] and on the responsibility of entities. For non-attenders: The verification of the preparation is carried out through a final oral exam that is developed in two parts: in a first moment the student will be examined on two or three topics to verify his basic preparation, possibly also through the discussion of a practical case; in a second moment a final more specific question will be asked to identify the final grade. The threshold of sufficiency will imply a correct framing of the subject matter and an understanding of the fundamental aspects of the discipline. The lack of knowledge of a topic considered fundamental by the Commission could lead, in itself, to the failure of the exam. As a rule, the student will be asked a minimum of two questions. The maximum duration of the exam will not exceed 30 minutes, with some exceptions. Erasmus Students: there is the possibility of an ad hoc program, in comparative law, which can be agreed with the professor at the beginning of the course.

Learning outcomes

Through the frontal lessons and the collegial discussions in the classroom the student
- learns the main institutes of commercial criminal law, the correct study methodology, the main and most recent doctrinal and jurisprudential orientations;
- understands how to conceptually connect the individual institutions, the existence of conflicting opinions - both doctrinal and jurisprudential - how to move between the sources, the importance of the principles in the study and practical application of commercial criminal law.
Through the knowledge acquired, the student
- can independently understand and critically evaluate the main jurisprudential pronouncements and doctrine and is able to move within the complex framework of the sources. Through the exchange of opinions during the lectures, the frequent in-depth analysis and the oral interview, the student will
- Will acquire the skills necessary to speak in public with appropriate scientific language and to sustain a discussion of one or more commercial criminal law topics. Finally, the student will:
- will develop a "familiarity" with commercial criminal law topics that will enable him/her to learn more readily what falls within the scope of the commercial criminal law discipline.

Readings

Testi

1) Per gli studenti frequentanti:
a) eventuali appunti e materiali che verranno distribuiti a lezione o caricati sulla piattaforma Dolly;
b) L. FOFFANI/D. CASTRONUOVO (a cura di), Casi di diritto penale dell'economia, I. Impresa e mercato (Cirio, Parmalat, Antonveneta,BNL-Unipol), Bologna, Il Mulino, 2015 (un caso a scelta dello studente);
c) A. ALESSANDRI/S. SEMINARA, Diritto penale commerciale, vol. I, I principi generali, Torino, Giappichelli, 2018, p. 87-127 (cap. III, La responsabilità degli enti collettivi).

2) Per gli studenti non frequentanti:
a) L. FOFFANI/D. CASTRONUOVO (a cura di), Casi di diritto penale dell'economia, I. Impresa e mercato (Cirio, Parmalat, Antonveneta,BNL-Unipol), Bologna, Il Mulino, 2015 (un caso a scelta dello studente);
b) A. ALESSANDRI/S. SEMINARA, Diritto penale commerciale, vol. I, I principi generali, Torino, Giappichelli, 2018, p. 87-127 (cap. III, La responsabilità degli enti collettivi).
c) un settore di parte speciale a scelta dello studente, da studiarsi su uno dei seguenti testi, in alternativa:
a) S. SEMINARA, Diritto penale commerciale, vol. II, I reati societari, Torino, Giappichelli, 2018, p. 31-66 (cap. II La tutela dell’informazione societaria), p. 107-140 (cap. IV, I reati di infedeltà).
b) S. SEMINARA, Diritto penale commerciale, vol. III, Il diritto penale del mercato mobiliare, Torino, Giappichelli, 2018, p. 53-113 (cap. III, Gli illeciti di abuso di informazioni privilegiate e di manipolazione del mercato).
c) A. ALESSANDRI, Diritto penale commerciale, vol. IV, I reati fallimentari, Torino, Giappichelli, 2019, p. 35-91 (cap. II-IV La bancarotta fraudolenta patrimoniale, documentale e preferenziale), e p. 107-137 (cap. VII, La bancarotta commessa da persone “diverse” dal fallito).

It is also available an English program for all students on request.