LEARNING OUTCOMES

The course aims to provide students with fundamental knowledge with reference to the general part of criminal law and the most relevant issues of the specific field of criminal law of economics. 

AIMS AND LEARNING OUTCOMES

Specifically, the course aims to provide students with in-depth notions in criminal law with specific reference to the following topics:

- General principles of criminal law

- Structure of the crime: actus reus, justifications, mens rea

- Shapes of crime

- General issues in economic criminal law

- Liability of entities

- Corporate and bankruptcy offenses

Individual study, attendance and participation in the proposed training activities will enable the student to:

- Understand and remember the regulatory provisions governing criminal law and the structure of the penalty system;

- Understand the structure and enforcement mechanisms of criminal laws and be aware of their diversifications;

- Identify the different components of the crime systematics as to their development and content; understand, interpret and apply the relevant regulatory framework;

- Distinguish the different institutions of general part, understand their reasons as well as their respective "interconnections" with the criminal process;

- Know and remember the basic outlines of the criminal law of economics;

- Appreciate the relevance of the institutes of general part with reference to the issues posed by the criminal law of economics;

- Know and remember the basic outlines of discipline with reference to corporate and bankruptcy crimes.

- 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 criminal law, texts of judgments of the Courts of merit, legitimacy and the Constitutional Court, and of European judgments relating to criminal and economic criminal law issues;

- Acquire appropriate technical legal language and use it to express themselves correctly.

TEACHING METHODS

Teaching consists of face-to-face lectures, totaling 36 hours (equivalent to 6 CFU).

Texts of judgments of particular relevance, regulatory texts of reform and in-depth material on which to engage in collective discussion will be posted on Aulaweb.

Occasionally scholars, magistrates and lawyers may be invited to lecture on topics of particular interest and topicality, also in order to enable students to become more aware of the concrete dimension of the subject.

SYLLABUS/CONTENT

- Fundamental principles of criminal law

- The structure of the crime

- Actus reus, justifications, mens rea 

- Circumstances

- Attempt

- Participation

- Unity and plurality of offenses

- The system of sanctions

- Liability of individuals in the context of complex organizations.

- The liability of corporations under D.lgs. n. 231/2001: subjects, principles of guarantee, objective and subjective imputation criteria, the role of preventive protocols, the supervisory body, the penalty system

- Corporate crimes.

- Bankruptcy crimes.

RECOMMENDED READING/BIBLIOGRAPHY

For attending students:

M. Pelissero, Diritto penale. Appunti di parte generale, Giappichelli, 2021, pp. 1-187

Mazzacuva-Amati, Diritto penale dell’economia, Wolters Kluwer, 2020, pp. 3-130; 191-264; 275-306

For non-attending students:

M. Pelissero, Diritto penale. Appunti di parte generale, Giappichelli, 2021, pp. 1-187

Mazzacuva-Amati, Diritto penale dell’economia, Wolters Kluwer, 2020, pp. 3-180; 191-264; 275-306

Preparation should be supplemented with materials posted on Aulaweb and consultation of an updated Criminal Code.