ANTI-MAFIA LEGISLATION AND PREVENTION MEASURES

The course Anti-Mafia Legislation and Preventive Measures is designed to provide students with an in-depth and systematic understanding of the legal instruments through which the Italian legal system addresses organised crime. Following an initial overview of the main criminal offences related to organised crime and the structure of the Italian Anti-Mafia Code, the course focuses in particular on preventive measures, with special attention to their application in the business and corporate context. This is an area that has become central to contemporary enforcement strategies. Preventive measures operate as largely autonomous tools, separate from and parallel to ordinary criminal proceedings, yet they have gained increasing importance in practice as key mechanisms for tackling the accumulation and management of illicit assets. From this perspective, the course is intended not only for students pursuing traditional legal careers (such as judges or lawyers), but also for those interested in the evolving fields of corporate criminal compliance and business criminal law. Instruments such as judicial administration and judicial control operate alongside – and, at times, as functional alternatives to – traditional models of corporate criminal liability, playing an increasingly significant role in the restructuring of companies affected by criminal influence. At the same time, these tools raise complex issues concerning due process and the protection of fundamental rights, given their potentially far-reaching impact on both businesses and individuals. The course adopts an integrated approach: alongside lectures, students will engage in case-based exercises, group work, and advanced workshops aimed at developing their ability to analyse and resolve complex legal issues, including the design of corporate compliance programmes for the remediation of companies infiltrated by criminal organisations. By the end of the course, students will have acquired not only a solid knowledge of the subject matter, but also a methodological framework enabling them to critically and independently address issues related to anti-mafia legislation and preventive measures, including in an advanced professional context.

A basic knowledge of the fundamental principles and core concepts of substantive criminal law and criminal procedure.

Knowledge and understanding: through lectures and the various practical activities included in the course, students will acquire a comprehensive knowledge of Italian anti-mafia legislation, including its key actors and enforcement models, the main criminal offences related to organised crime, and the system established by the Anti-Mafia Code and preventive measures, with particular emphasis on business-related instruments. At the end of the course, this knowledge will be assessed through a final examination, conducted in accordance with the methods and evaluation criteria detailed in the section “Assessment Methods”. Applying knowledge and understanding: by applying the theoretical knowledge and practical skills developed during the course, students will be able to address and resolve legal issues related to the enforcement of anti-mafia legislation and preventive measures, including the design of compliance programs aimed at the remediation of companies affected by criminal influence. They will also be able to legally classify concrete cases and properly subsume them under the relevant legal provisions, with reference to the principles, legal concepts, and offences examined during the course. These competences will be assessed through a final examination, conducted in accordance with the methods and evaluation criteria detailed in the section “Assessment Methods”. Making judgements: by the end of the course, students will be able to independently identify, collect and analyse relevant legal sources in the field of anti-mafia legislation and preventive measures, and to develop well-reasoned and critically informed solutions to concrete legal problems. Communication skills: students will acquire the technical legal language of the subject. Through the practical activities developed within the course, they will acquire the ability to communicate effectively in different contexts, adapting their language to the audience and the setting. In addition, through written assignments and the final paper, students will develop the ability to present legal arguments clearly and accurately in written form, applying appropriate research methods. Learning skills: the knowledge and competences acquired during the course will enable students to independently understand, analyse and address new legislative developments and innovations in the field of anti-mafia legislation and preventive measures. Students will also acquire the skills necessary to pursue further specialised professional training in this area.

Anti-mafia legislation: key actors and enforcement models Criminal offences related to organised crime under the Italian Criminal Code The Italian Anti-Mafia Code and the system of preventive measures (Legislative Decree No. 159/2011) Personal preventive measures Business-related anti-mafia preventive measures applied by courts and the Prefect Anti-mafia legislation and issues of systemic coordination

Gullo, Antonio and Vincenzo Mongillo (eds.). Manuale della prevenzione economico-aziendale antimafia. Torino: Giappichelli, 2025. Available at: https://tinyurl.com/mtek3fc (only chapter 3 is optional) With regard to criminal offences related to organised crime, students may prepare for the exam using the textbook adopted for the Criminal Law II course, limited to the offences indicated in this syllabus.

Lectures; discussion of case studies with students; advanced workshops; final written assignment.

The final examination is conducted in different ways depending on the student’s attendance rate. For students who have attended less than 80% of the lectures, the final examination will consist exclusively of an oral exam. In this oral exam, students must demonstrate that they have achieved the intended learning outcomes, in particular a thorough knowledge of anti-mafia legislation and preventive measures, as well as the ability to address and resolve legal and criminal compliance issues related to these fields. Students are expected to legally classify concrete cases and correctly subsume them under the relevant legal provisions, with reference to the institutions, principles, and offences examined during the course. They must also demonstrate an appropriate method for analysing relevant legal sources and the use of proper legal terminology. For grading purposes (out of 30), the following evaluation criteria will be applied: knowledge and understanding of the course topics and ability to apply the relevant legal principles to concrete cases (65%); accuracy of legal terminology and ability to independently assess and analyse relevant sources (35%). Gaps in knowledge of one or more topics will result in a failing grade, even if a basic understanding of the subject is demonstrated. For students who have attended at least 80% of the lectures: 65% of the final grade will be based on an oral exam covering exclusively the topics indicated in the syllabus for weeks 5, 6, 7, 8, 9, 10, 11, and 12. During this oral exam, students must demonstrate that they have achieved the intended learning outcomes, in particular a thorough knowledge of anti-mafia legislation and preventive measures, as well as the ability to address and resolve legal and criminal compliance issues related to these fields. Students are expected to legally classify concrete cases and correctly subsume them under the relevant legal provisions, with reference to the institutions, principles, and offences examined during the course. They must also demonstrate an appropriate method for analysing relevant legal sources and the use of proper legal terminology. Grading criteria (out of 30): knowledge and understanding of the course topics and ability to apply the relevant legal principles to concrete cases (65%); accuracy of legal terminology and ability to independently assess and analyse relevant sources (35%). A lack of knowledge in one or more topics will result in a failing grade, even if a basic understanding of the subject is shown. The remaining 35% of the final grade will be based on the evaluation of a take-home legal opinion, to be drafted according to the methodological and drafting guidelines and based on one of the topics provided by the Professor, exclusively referring to the syllabus topics covered in weeks 1, 2, 3, and 4. This legal opinion must be sent by the student to ebirritteri@luiss.it 10 days before the oral exam date and will be discussed during the final oral examination. The evaluation of this written assignment will be based on the following criteria: methodological structure and organisation of the paper, quality and completeness of research and cited sources, logical consistency and overall correctness of the legal reasoning and analysis (60%); clarity of concepts and accuracy of legal terminology (40%). Active participation in lectures and practical activities during the course will also be taken into account in the overall assessment.

Interest in the course; high grade as a result of the final exam.