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Social sciences and humanities

Subject: CRIMINAL LABOR LAW (A.A. 2024/2025)

single-cycle master degrees (5 years) in LAW

Course year 5
CFU 6
Teaching units Unit Diritto penale del lavoro
Training activities in similar subject fields or in fields integrating the basic and distinctive ones, also relating to context cultures and interdisciplinary training (lesson)
  • TAF: Supplementary compulsory subjects SSD: IUS/17 CFU: 6
Teachers: Francesco DIAMANTI
Exam type oral
Evaluation final vote
Teaching language Italiano
Contents download pdf download

Teachers

Francesco DIAMANTI

Overview

The basic knowledges of Labour Criminal Law. Mainly the offences in the matter of Health and Safety at Work.

Admission requirements

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Course contents

The criminal labour law.
The pre-eminence of safety at work in the criminal labour law.
The safety at work between penal code and statutory law.
The misdemeanours.
The crimes.
The persons of the safety duty.
The corporate manslaughter (and the corporate personal injury).
The mens rea: from negligence to the dolus eventualis (recklessness)?
The case law approach.

Teaching methods

The pedagogical approach entails use of multimedia support (PowerPoint presentations, and videos), and is divided in: a) in-class lessons on fundamentals on criminal law in matter of work safety; b) legal-specific case studies: critical examination of several legal cases. The case-study approach will cover 40% of in-class work. During class, each student will be tasked with solving specific issues under examination or formulate and express opinions on such issues. Continuous coordination with instructors of other criminal law-related subjects will, on the one side, prevent overlapping of topics, and, on the other, allow a more in-depth learning of fundamental field-specific knowledge. The lectures for the whole academic year 2020/2021 will be available in streaming on the Dolly portal.

Assessment methods

An initial and thorough proficiency evaluation is conducted during the course, by frequently inviting students to solve issues emerging from time to time (worth: 40%) In addition to evaluating each student’s proficiency, such thorough assessment permits to calibrate the course on the basis of class response. The final assessment consists in an oral examination (worth: 60%), This permits to evaluate both core knowledge and the student’s ability to apply theory to concrete cases.

Learning outcomes

1. Knowledge and Understanding: in class (including during frequent class collegial exchanges), the student will learn about:
National and international criminal law sources in matter of work safety;
The general body of knowledge in the context of work safety;
Foundations of legal methodologies, both in terms of research of sources and comparative and critical interpretation methodologies;
The student will understand:
How to interpret legislative texts;
How to read and evaluate field-related rulings;
How to apply general theoretical knowledge of criminal acts to field-specific case-studies.
2. Proficiency in applying abilities and understanding:
Thanks to acquired knowledge, the student will hone the ability to critically think and interpret field-related juridical texts, as well as formulate opinions on concrete cases.
3. Independent judgment: theory and case studies object of course activities allow the student to solve juridical issues arising from legal texts or provisions (for example, of juridical authorities, and of agencies designated to monitor workplace safety).
4. Communication skills: via active participation in class activities and discussions, as well as proficiency assessments, the student will sharpen oral communication skills on field-specific topics, focusing upon deployment of technically appropriate terminology and lexicon.
5. Learning skills: proficiency and knowledge earned in the course, in addition to consistent self-study, will allow the student to advance to higher-level learning (specialization schools, masters, and PhD programs).

Readings

Manuale adottato:
Castronuovo, Curi, Tordini Cagli, Torre, Valentini, Diritto penale della sicurezza sul lavoro, 2. ed., BUP, Bologna, 2019

Per approfondimenti (volontari):
- R. Blaiotta, Diritto penale e sicurezza sul lavoro, Giappichelli, Torino, 2020;
- R. Guariniello, Il T.U. Sicurezza sul lavoro commentato con la giurisprudenza, 11 ed., Milano, 2020;
- R. Guariniello, La sicurezza sul lavoro ai tempi del coronavirus, Milano, 2020.

Molti altri testi a sfondo penalistico (romanzi, saggi, ecc.) saranno consigliati, su richiesta, a lezione.

N.B. La frequenza non avrà alcun effetto sul programma: nessuna riduzione; frequentare il corso di diritto penale del lavoro significa comprendere i passaggi più complessi, apprendere più velocemente e meglio, questi sono i "premi".