AIMS AND CONTENT

AIMS AND LEARNING OUTCOMES

Individual study and attendance will enable the student to:

• Know the general discipline of the offence and its forms of manifestation (especially of the concurrence of persons, since the concurrence between the employer and other parties such as the supervisor, the doctor and the safety manager in the commission of offences is frequent); 
• Know the offences of the criminal code and special legislation (especially legislative decree no. 81/2008) typically committed in the workplace;
• Understand the mechanisms of application of criminal regulations by the courts and be aware of their diversification;
• Identify employer behavior that may constitute an offence;
• Understand and interpret the regulatory framework of offences in the field of safety at work;
• Read and examine, with independent judgement, texts of judgements;
• Acquire appropriate technical legal language and use it to express oneself correctly.
• Acquire knowledge and skills useful for the profession of workplace safety technician, in accordance with Goal No. 4 ‘Quality education’ of Agenda 2030

TEACHING METHODS

The course consists of lectures, for a total of 10 hours (equal to 1 CFU), during which particular attention will be devoted to the analysis of the offence from the point of view of both the regulatory framework and the interpretation given to it by case law, especially some famous pronouncements of the Unified Sections of the Supreme Court of Cassation that have resolved interpretative contrasts that have arisen with regard to particularly relevant provisions.

SYLLABUS/CONTENT

Study of substantive criminal law (general part) with particular regard to the objective structure (especially omission, which is the typical incriminating conduct of employer offences) and subjective structure (especially guilt, which is the most common subjective factor for the imputation of employer offences) of the offence. Analysis of the main offences that can be committed in the workplace, provided for by the Criminal Code and special legislation.

RECOMMENDED READING/BIBLIOGRAPHY

For the general part:

M. Pelissero, Diritto penale. Appunti di parte generale, 2^ edizione, Torino, Giappichelli, 2022

For the special part:

Slides on Aulaweb, notes and normative texts on some crimes against public safety provided for by Title VI of Book II of the Criminal Code; homicide and culpable lesions; contraventions provided for by d. lgs. n. 81/2008 and l. n. 283/1962

TEACHERS AND EXAM BOARD

Exam Board

FRANCESCO D'AGOSTINI (President)

ROBERTA ARNALDI

PAOLO LUIGI BISIO

MATTEO BOTTA

RICCARDO ZANELLA (President and Coordinator of Integrated Course)

TOMMASO ARRIGO (President Substitute)

ALBERTO CASELLI LAPESCHI (President Substitute)

GUGLIELMO DINI (President Substitute)

PAOLO DURANDO (President Substitute)

ANTONELLA MADEO (President Substitute)

LESSONS

LESSONS START

II Semester: March- April

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The examination is conducted in oral form through a number of questions designed to test knowledge of the topics covered in the lecture.

ASSESSMENT METHODS

The oral examination aims to verify the student's actual knowledge and acquisition of the theoretical notions relating to the topics covered in the syllabus.

Students with a disability or SLD certification may request the use of compensatory measures (e.g. additional time, concept maps and diagrams, modifications in the written/oral mode) during the examination, following the procedure indicated in the guidelines (p. 5) published qui 

By means of general theoretical questions, it will be ascertained 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 judgement, both the regulatory provisions governing offences and their forms of manifestation, and the individual offences that can be committed in the workplace.