Business Criminal Law
A.Y. 2024/2025
Learning objectives
The teaching aims to provide concepts and argumentative tools that will make the student capable of dealing with complex issues related to the particular field of business criminal law. The course also aims to develop in the student the ability to rework the notions under study and apply them to concrete cases, developing skills of interpretive analysis and systematic framing of criminal norms. The course also aims to develop the ability to argue legal solutions in both written and oral form.
Expected learning outcomes
At the end of the course, the student who has profitably learned the subject matter will have a thorough knowledge of the issues inherent in the business criminal law, as well as having developed an ability to argue and propose, in both written and oral form, legal solutions to complex issues related to this particular area of the special part of the Criminal Code.
Lesson period: year
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
year
Course syllabus
The course will organically cover the whole range of topics related to Business Criminal Law.
The course is divided into two parts:
The first part will be devoted to the presentation of the basic institutes of criminal law, the mastery of which is crucial for the subsequent in-depth study of Business Criminal Law. In particular, the following will be discussed: the constitutional principles relevant to criminal law, the difference between criminal and administrative offences, the fourfold division of the offence, attempt, concurrence of persons in the offence, concurrence of norms and concurrence of offences, principal and accessory penalties.
In the second part of the course, after analysing the main problems of identifying the perpetrators of white-collar crime in complex organisations and the bases of the administrative liability of legal persons, the most important offences in the field of white-collar crime will be examined: corporate crime, financial crime, bankruptcy crime. This analysis will be carried out with a particular focus on application practice: in fact, a significant part of the lectures will be devoted to the reading and discussion of judgments of the Courts of First Instance and the Supreme Court relevant to the subject.
The course is divided into two parts:
The first part will be devoted to the presentation of the basic institutes of criminal law, the mastery of which is crucial for the subsequent in-depth study of Business Criminal Law. In particular, the following will be discussed: the constitutional principles relevant to criminal law, the difference between criminal and administrative offences, the fourfold division of the offence, attempt, concurrence of persons in the offence, concurrence of norms and concurrence of offences, principal and accessory penalties.
In the second part of the course, after analysing the main problems of identifying the perpetrators of white-collar crime in complex organisations and the bases of the administrative liability of legal persons, the most important offences in the field of white-collar crime will be examined: corporate crime, financial crime, bankruptcy crime. This analysis will be carried out with a particular focus on application practice: in fact, a significant part of the lectures will be devoted to the reading and discussion of judgments of the Courts of First Instance and the Supreme Court relevant to the subject.
Prerequisites for admission
No prerequisites for admission required
Teaching methods
During the course, there will be both lectures and classes devoted to the reading and discussion of judgments of the Courts of First Instance and the Supreme Court relevant to the subject of Business Criminal Law.
Teaching Resources
Students should prepare for the examination using the following reference materials, limited to the parts indicated.
A. ALESSANDRI, S. SEMINARA, Diritto penale commerciale, Vol. 1. I principi generali, G. Giappichelli Editore, Torino, 2018, da p. 1 a 86.
S. SEMINARA, Diritto penale commerciale, Vol. 2. I reati societari, G. Giappichelli Editore, 2ª ed., Torino, 2021, da p. 1 a 70; da p. 109 a 146; da p. 161 al termine;
S. SEMINARA, Diritto penale commerciale, Vol. 3. Il diritto penale del mercato mobiliare, G. Giappichelli Editore, Torino, 2022, da p. 1 a 22; da p. 45 al termine;
A. ALESSANDRI, Diritto penale commerciale. Vol. 4. I reati fallimentari, G. Giappichelli Editore, Torino, 2023, da p. 1 a 250.
A. ALESSANDRI, S. SEMINARA, Diritto penale commerciale, Vol. 1. I principi generali, G. Giappichelli Editore, Torino, 2018, da p. 1 a 86.
S. SEMINARA, Diritto penale commerciale, Vol. 2. I reati societari, G. Giappichelli Editore, 2ª ed., Torino, 2021, da p. 1 a 70; da p. 109 a 146; da p. 161 al termine;
S. SEMINARA, Diritto penale commerciale, Vol. 3. Il diritto penale del mercato mobiliare, G. Giappichelli Editore, Torino, 2022, da p. 1 a 22; da p. 45 al termine;
A. ALESSANDRI, Diritto penale commerciale. Vol. 4. I reati fallimentari, G. Giappichelli Editore, Torino, 2023, da p. 1 a 250.
Assessment methods and Criteria
For non-attending students: the final examination, consisting of an oral test, is designed to test knowledge of the concepts and the ability to judge and resolve legal issues relating to the subject of Business Criminal Law. The mark will be expressed in thirtieths.
For attending students: attending students may choose to take the oral examination or an optional written examination (the latter may be supplemented by a subsequent oral examination).
For attending students: attending students may choose to take the oral examination or an optional written examination (the latter may be supplemented by a subsequent oral examination).
IUS/17 - CRIMINAL LAW - University credits: 10
Lessons: 70 hours
Professor:
Ubiali Maria Chiara
Shifts:
Turno
Professor:
Ubiali Maria ChiaraProfessor(s)