The course aims to provide an up-to-date overview of the system of "criminal" liability of corporations and the main cases of business criminal law, in the light of cross-cutting lines of analysis that link one and the other topic to the fundamental penal principles (legality, culpability and proportionality) and the institutions of the general part of the code.
The course aims to orient students on the delicate relationships existing between the institutes of the general part of the criminal law and the special rules related to the criminal law of business. In particular, it is intended to provide the learner with the methodological guidance and knowledge necessary to navigate the complex landscape of complementary criminal law
In particular, the teaching of commercial criminal law aims to provide students with extended notions and jurisprudential insights into commercial criminal law with specific reference to the following topics:
- general principles in commercial criminal law
- liability of corporations
- corporate crimes
- bankruptcy crimes
- tax crimes
Individual study, attendance and participation in the proposed training activities will enable the student to:
- Understand and remember the regulatory provisions governing commercial criminal law and the structure of the sanctions system in economic matters;
- Understand the structure and enforcement mechanisms of the criminal provisions of commercial criminal law and be aware of their diversifications;
- Identify the different components of the crime systematics as to their development and content in the economic field;
- Understand, interpret and apply the regulatory framework;
- Distinguish the different institutions of general part, declined in the field of commercial criminal law,
Understand their reasons as well as their respective "interconnections" with the criminal process;
- Understand and contextualize any legislative interventions inherent in the Criminal Code or complementary criminal legislation;
- Read and critically examine, with independent judgment, scholarly articles in the field of economic criminal law, texts of judgments of the Courts of merit, legitimacy and the Constitutional Court, and of European judgments relating to issues of criminal-commercial relevance;
- Acquire appropriate technical legal language and use it to express themselves correctly.
The teaching consists of face-to-face lectures, for a total of 36 hours (equal to 6 CFU), during which the topics of the course will be presented and analyzed, with parallel discussion of the most relevant jurisprudential orientations on the topics covered by the program. Active participation of students is solicited through the preparation of written tests of self-assessment in relation to the different parts of the program, structured in different modes (multiple-choice, open-response, solution of concrete cases).
General principles in commercial criminal law: regulatory novelties; active subjects and subjective extensions
The liability of corporations: subjects, guarantee principles, objective and subjective imputation criteria, the role of preventive protocols, the supervisory body, the penalty system, the commensuration of the pecuniary sanction, disqualifying sanctions, predicate offenses
Corporate crimes: false corporate communications, infidelity of assets, bribery among private individuals, obstruction of supervisory functions
Bankruptcy crimes: fraudulent bankruptcy, preferential bankruptcy, simple bankruptcy, improper bankruptcy
Tax crimes: fraudulent declaration, misrepresentation, omitted declaration, omitted payment cases
Students may study on the notes and slides made available via Aulaweb.
As reference textbooks, for attending students:
Ambrosetti-Mezzetti-Ronco, Diritto penale dell’impresa, Zanichelli, 2022, pp. 1-167; 187-202; 210-220; 259-330; 333-335; 417-516 (tot. 365)
For non-attending students:
Ambrosetti-Mezzetti-Ronco, Diritto penale dell’impresa, Zanichelli, 2022, pp. 1-220; 259-375; 417-516 (tot. 435).
Ricevimento: Wednesday from 10 to 12, at Dipartimento di diritto penale, Via Balbi 30, first floor. In any case, please write an email to emmanuele.penco@unige.it
EMMANUELE PENCO (President)
ANTONELLA MADEO
ANNAMARIA PECCIOLI (President Substitute)
MARCO BERRUTI (Substitute)
GABRIELE FAZZERI (Substitute)
GABRIELE PONTEPRINO (Substitute)
SARA PRANDI (Substitute)
I semester from September 18th to December 7th 2023
