OVERVIEW

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.

AIMS AND CONTENT

LEARNING OUTCOMES

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

AIMS AND LEARNING OUTCOMES

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.

TEACHING METHODS

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). 

These tests will be presented in the classroom by the students and will be discussed with the teacher. 

Students are also offered practical exercises, to be carried out in groups and presented in the classroom and discussed with the teacher.

SYLLABUS/CONTENT

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

RECOMMENDED READING/BIBLIOGRAPHY

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).

TEACHERS AND EXAM BOARD

Exam Board

EMMANUELE PENCO (President)

ANTONELLA MADEO

ANNAMARIA PECCIOLI (President Substitute)

MARCO BERRUTI (Substitute)

GABRIELE FAZZERI (Substitute)

GABRIELE PONTEPRINO (Substitute)

SARA PRANDI (Substitute)

LESSONS

LESSONS START

I semester from September 16th to December 6th 2024

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The examination will be conducted orally. It will be developed through questions aimed at deepening a plurality of topics, so as to extend the test to general principles of criminal law applied to the criminal law of the economy, as well as to the liability of legal persons and to at least one of the incriminating cases covered by the program, chosen from among bankruptcy, corporate or tax offenses.

At the beginning of the course, it will be decided together with the participants whether an intermediate written test, related to the first part of the program, will be required.

For studentswith DSA or disability certification, the examination is conducted in confromity with the Univeristy Guidelines available at the following link: https://unige.it/sites/unige.it/files/2024-05/Linee%20guida%20per%20la%20richiesta%20di%20servizi%2C%20di%20strumenti%20compensativi%20e_o%20di%20misure%20dispensative%20e%20di%20ausili%20specifici%20Maggio%202024.pdf

ASSESSMENT METHODS

The oral examination aims to verify the student's actual knowledge and acquisition of the theoretical concepts related to the topics covered in the program.

Through general theoretical questions, it will test whether the student is able to:

- identify and define legal concepts using appropriate technical language;

- identify, distinguish, know, understand, interpret and apply, with a critical spirit and autonomy of judgment, both the main normative provisions that make up commercial criminal law, in all its forms and articulations, and the texts of some fundamental judgments, knowledge of which is indispensable for a complete view of the subject.

Exam schedule