| CODE | 111157 |
|---|---|
| ACADEMIC YEAR | 2023/2024 |
| CREDITS |
|
| SCIENTIFIC DISCIPLINARY SECTOR | IUS/16 |
| LANGUAGE | Italian |
| TEACHING LOCATION |
|
| SEMESTER | 2° Semester |
| TEACHING MATERIALS | AULAWEB |
The lectures are devoted to illustrate the various aspects that characterize the judicial repression of economic crime. The teaching is divided into two parts: the first is focused on the study of the main challenges that crimes falling within the varied field of economic criminal law pose from a procedural perspective. The second is aimed at deepening the study of some "differentiated" procedural models (such as Legislative Decree No. 231 of 2001, on the criminal liability of juridical persons; Legislative Decree No. 152 of April 3, 2006, and the "environmental criminal procedure"; and Regulation (EU) 2017/1937, establishing the European Public Prosecutor's Office), introduced in order to more efficiently counter some categories of crimes falling under this category.
The teaching aims to provide students with a comprehensive overview of the applicable criminal procedural legislation with regard to crimes falling under the scope of criminal law of economics, including through the study of relevant court cases and the analysis of the most topical application issues.
The teaching of Criminal Procedural Law of Economics aims to enable students to know:
- the boundaries of the criminal law of economics and the peculiarities that, at the procedural level, characterize them;
- the main interrelationships existing between criminal proceedings of cognition and sanctioning proceedings of tax, bankruptcy, and financial matrix;
- the difficulties on the level of ascertainment that arise in combating crimes in which the latest generation of financial instruments, such as cryptocurrencies or NFTs, come into play;
- supranational initiatives in the area of countering economic crime, with a particular focus on acts adopted by the European Union on ablatory measures (such as Directive 2014/42/EU and Regulation (EU) 2018/1805 on confiscation and asset freezing measures);
- the functioning of the procedural module governed by Legislative Decree 231/2001, with regard to the criminal liability of legal persons (in this regard, the aim is to provide students with the necessary tools to master the organizational profiles of the company from the perspective, both of the prevention of offenses and the evidentiary relevance of corporate compliance);
- the fundamentals of criminal procedure for environmental crimes;
- the differentiated procedural module, referred to in Regulation (EU) 2017/1939 and Legislative Decree No. 9 of 2021, concerning offenses within the jurisdiction of the European Public Prosecutor's Office (EPPO).
Individual study, attendance and participation in the proposed training activities will enable the student to:
- understand and remember the peculiarities specific to criminal proceedings involving economic crimes;
- acquire basic notions of decentralized finance, useful for understanding the challenges posed by it at the criminal level;
- identify, understand and distinguish the main differentiated procedural forms existing in economic crime;
- understand and illustrate the main actions taken at the supranational level in this area, with particular regard to the creation of the European Public Prosecutor's Office;
- apply the relevant norms, distinguishing cases and making connections with the categories studied, for the solution of concrete and specific legal problems;
- conduct doctrinal and jurisprudential research regarding relevant sources on the subject;
- express themselves in appropriate technical language, both orally and in writing, on issues concerning the criminal procedural law of economics.
Consitutional Law
Criminal Procedure I
The course consists of lectures for a total of 36 hours (equivalent to 6 CFUs).
The formation of study groups and the development of group work will be encouraged.
Periodically, jurisprudential materials of particular relevance and any reform legislation texts on which to initiate specific insights and collective discussion will be posted on Aulaweb.
Occasionally scholars, judges 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.
GENERAL PART:
- the borders of the criminal law of economics and the peculiarities that on the procedural level pose the criminal cases falling under this notion;
- the circulation of evidence between criminal proceedings and tax and bankruptcy proceedings;
- ne bis in idem and the problem of double penalty;
- decentralized finance (cryptocurrencies, NFT, blockchain): challenges and opportunities for the criminal justice system.
- EU initiatives on countering economic crime (focus on acts adopted on ablatory measures: Directive 2014/42/EU; Regulation (EU) 2018/1805 on confiscation and asset freezing measures; most recent proposals);
SPECIAL PART:
- The procedural discipline contained in Legislative Decree No. 231 of 2001 on the criminal liability of juridical persons (the sources of the criminal procedural discipline against legal persons; constitutional and supranational framework of the subject; interpretative problems of compatibility between the procedural guarantees recognized to the legal person under trial; organizational models; whistleblowing and internal investigations; the mechanics of the proceedings);
- environmental protection, economics and criminal proceedings (Legislative Decree No. 15 of April 3, 2006, the 2015 reform and European perspectives of intervention);
- combating crimes against the financial interests of the European Union and the creation of EPPOs (analysis of Regulation (EU) 2017/1939 and Legislative Decree No. 9 of 2021.
For attending students, preparation for the exam will be based on the slides and lecture notes.
For non-attending students, study of the present volume is recommended in addition to the slides:
M. Ceresa-Gastaldo, Procedura penale delle società, Giappichelli, Turin, latest edition
Office hours: Write to jacopo.dellatorre@unige.it.
JACOPO DELLA TORRE (President)
All class schedules are posted on the EasyAcademy portal.
For attending students.
The final exam consists of an oral test.
During the course, the attending students will have the option of presenting an oral presentation on a topic deemed of interest and agreed upon with the teacher. The final grade will consist of a weighted average between the exposition of the paper and the oral test.
For non-attending students
The final exam consists of an oral test.
With the final test, the student's learning and understanding of the program will be assessed through 3 questions addressed to the candidate. Attending students, who make the oral presentation during the course, will be asked only one question, on the remaining part of the program.
Students will have to demonstrate an understanding of the peculiarities of the criminal procedural law of economics.
In the examination, the quality of exposition, the correct use of legal vocabulary and, above all, the ability to reason critically about the content studied will constitute parameters of evaluation.