CORPORATE CRIMINAL LAW AND PROCEDURE

Provide students with the legal tools to analyse the provisions set forth by the Legislative Decree No. 231/2001, as to develop a full knowledge of notions and categories of substantial law, as well as the fundamental aspects of procedural law, related to the so called ‘ex crimine’ liability of legal entities.

Knowledge and understanding: the student – through course attendance, group discussions on cases, workshop and seminars – will gain full knowledge and understanding of rules and general principles concerning the liability system brought by the Legislative Decree No. 231/2001. The student will also learn to interpret such provisions showing his/her ability to use the main criminal law and criminal procedure research methods. At the end of the course, such knowledge will be ascertained through an oral exam. Applying knowledge and understanding: The student, by learning the theory and the appropriate legal method, will be able to interpret and apply, also to cases, the fundamental principles and notions of the so called ‘corporate criminal liability’. The student will also be able to use the main criminal law and criminal procedure research methods. At the end of the course, such knowledge will be ascertained through an oral exam. Making judgements: The student, by making use of the proper study and research methods learned during the course, will be able to collect data and materials to analyse the relevant provisions, case law as well as scholars’ approaches on ‘corporate criminal liability’ and related proceedings. The student, therefore, will gain – also through the participation to practical activities and workshops – the ability to evaluate such data and materials independently and to make critical judgements on the application of principles and fundamental categories of substantive and procedural law on ‘ex crimine’ liability of legal entities to practical cases. The student will be also able to identify concrete solutions to the legal issues at stake. Communication skills: at the end of the course the student will be able to use the legal and technical vocabulary of criminal law and criminal procedure, addressing the legal issues at hand with terminological accuracy. Through the various training activities that will take place during the course, the student will be able to put these communication skills into practice in various contexts (individual or group, formal/informal), thus gaining advanced rhetorical and argumentative skills and the ability to adapt the terms used to the context and to the interlocutor in the specific case. Learning skills: the knowledge gained during the course will allow the student to independently understand and interpret regulatory changes, new case law and scholars’ approaches related to the fundamental principles and notions of ‘corporate criminal liability’.

Criminal law and Criminal procedure

Societas delinquere (non) potest. Evolution and theoretical grounds for ‘corporate criminal liability’ General principles provided for by the Legislative Decree No. 231/2001 Entities Objective and subjective imputation criteria Compliance programs and Supervisory body Predicate crimes Sanctions General features of the criminal proceeding against legal persons The participation of the legal person in the criminal proceeding The precautionary application of the disqualification sanctions; general outlines of the precautionary system. In rem precautionary measures Civil claims against legal person Dismissal of the case The definition of the trial

Students may prepare for the exam by studying the following textbooks: Lattanzi, Giorgio, and Paola Severino. Responsabilità da reato degli enti. Diritto sostanziale. Vol. I. Torino: G Giappichelli, 2020. Lattanzi, Giorgio, and Paola Severino. Responsabilità da reato degli enti. Diritto processuale. Vol. II. Torino: G Giappichelli, 2020. For the substantive criminal law part (vol. I), the following sections shall be studied: Second Part - chap. I, para. 1-3.2 and 5-8 (except para. 3.3 and 4); chap. II, para. 1-5 (except para. 6-7); chap. III, para. 1-3.4 (except para. 4); chap. IV, para. 1-7 and 9-10 (except para. 8 and 11); chap. V, para. 1-7.3.1 and 8 (except para. 7.3.2 and 7.3.3). Third Part – chap. I; Chap. VII (except para. 7.) For the discipline of the trial (vol. II), the following sections shall be studied: chap. II; chap. III; chap. V § 4 and 8; chap. VI; chap. VII and VIII, sec. I and II; chap. IX, sec. III.

Lessons; discussion of cases; presentations; practical workshops, seminars, podcast to listen prior to practical activities, mock trials

The final exam consists of an oral interview and the student shall demonstrate that he/she has achieved the expected learning outcomes, firstly with regard to the necessary knowledge of the substantial and procedural provisions concerning corporate criminal liability included in the course programme. The student is also expected to prove that he/she is able to independently analyse relevant legislation and case law, as to develop an autonomous ability to study the subject. The student shall also be able to use the appropriate technical and legal vocabulary of criminal law. The grade will be awarded in thirtieths and the following evaluation criteria will be taken into account: - knowledge and understanding of the provisions concerning corporate criminal liability included in the course programme (70 %); appropriate use of the technical and legal vocabulary, ability to independently evaluate and analyse relevant sources, activities carried out during the course (30%). With reference to the latter evaluation criterion, the participation in the course activities mentioned above will be taken into account. Learning gaps concerning one or more notions or offences will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.

Interest in the course; high grade as a result of the exams; attendance of the criminal law major.