OVERVIEW

The subject of the course is the study of the general part of criminal law, through the analysis of the principles of guarantee, the notion and systematics of the crime, and the structure of the criminal sanction system, with an in-depth study related to the principles of the criminal law of economics and some criminal cases in corporate and bankruptcy matters. The course is essential for all students who intend to work in business or public administration in the future.

AIMS AND CONTENT

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). Student's participation is solicited through the preparation of written self-assessment tests in relation to the different parts of the program, both in the multiple-choice mode and through the solution of concrete cases.

Slides used in class, 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

Students can study on their own notes and on slides made available via Aulaweb.

As reference textbooks, for attending students:

M. Pelissero, Diritto penale. Appunti di parte generale, Giappichelli, 2023, pp. 1-210

Mazzacuva-Amati, Diritto penale dell’economia, Wolters Kluwer, 2023, pp. 3-89

For non-attending students:

M. Pelissero, Diritto penale. Appunti di parte generale, Giappichelli, 2023, pp. 1-210

Mazzacuva-Amati, Diritto penale dell’economia, Wolters Kluwer, 2023, pp. 3-138; 201-280; 291-338

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

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: September 16th-December 6th

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The examination is conducted in oral form. As a rule, the student is asked three questions on different topics, so as to extend the examination to the different parts of the program.

The duration of the oral examination is about twenty minutes.

In the overall assessment of the exam, the teacher takes into account active participation in class and the conduct and presentation of the self-assessment tests administered during the course.

For students with DSA or disability certification, the exam is conducted in accordance with the University's Guidelines, which can be found 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 test the student's knowledge in relation to the topics covered in the program.

Through the formulated questions it will test whether the student is able to:

- remember, understand and apply the institutes of the general part of criminal law

- understand, interpret and apply, with a critical spirit and autonomy of judgment, both the normative provisions relevant to the general part of criminal law and the texts of jurisdictional pronouncements, knowledge of which is essential for a complete view of the subject matter

- express themselves in appropriate technical language.