Business Integrity: criminal compliance and organizational adequacy

The course aims to offer an overview and provide students with the basic knowledge of criminal compliance and adequate organizational structure, focusing the analysis on the importance of prevention activities, internal organization and controls in the corporate environment. The course also intends to analyze the risk – both sanctioning and criminal – that entities are called upon to mitigate and manage, as well as to examine the benefits of adopting effective compliance programs, in order to train experts skilled in the legal and business areas.

No prerequisites (although the knowledge of fundamentals of criminal law and business management may be useful).

Knowledge and understanding: The course enables students to gain the basic knowledge of risk assessment and risk management in the corporate context, with a focus on corporate criminal liability and criminal compliance in the global scenario. Likewise, the course offers adequate conceptual tools for understanding and deepening the processes, contents and consequences of organisational decisions. Applying knowledge and understanding: By attending the course, students will be able to apply, also with reference to the solution of practical cases, the relevant notions of corporate criminal liability, criminal compliance, corporate organization, comparing the pros and cons of different organizational models and organizational choices. Making judgements: By using the correct study and research methodologies gained during the course, students will be able to collect data and materials to analyze the relevant regulations and organizational models examined. Students will then gain the ability to evaluate such data and materials independently and to formulate their own critical judgement on the application of the relevant principles, notions and categories to practical cases, being able to identify concrete solutions to the legal-business problems at stake. Communication skills: At the end of the course, students will be able to master the criminal law vocabulary and the main terms and concepts in use in the field of organizational design, addressing the issues brought to their attention with adequate terminological precision, in different contexts (individual or group) and forms. Learning skills: The knowledge gained during the course will enable students to independently understand and interpret regulatory variations in the field of criminal law and the reasons behind specific organizational choices and the evaluation of different alternatives.

Introduction and course presentation Key concepts. Compliance, due diligence, CSR, business integrity, adequate organizational structure Compliance in corporate groups and the supply chain: from CSR to mandatory due diligence? The issue of corporate criminal liability in the global scenario Different liability models. The risk-based approach and the Italian system (Legislative Decree No. 231/2001) Compliance program and crime prevention Fundamentals of business management ‘Responsibility’ vs. ‘accountability’ in organizing ‘Problem formulation’ vs. ‘solution and execution’ Organizational culture

Course readings and materials will be made available on the Luiss Learn platform.

Lectures; discussion with students on cases; analysis and group discussion of cases

In-progress tests (30%) Final oral examination (70%)

Interest in the course; high grade as a result of the oral exam. Students interested in choosing this course for their thesis must submit a short abstract and a table of contents outlining the proposal.