CRIMINAL COMPLIANCE & RISK MANAGEMENT

Provide students with a comprehensive overview of criminal compliance legislation and enforcement practice, with a focus on the impact of new technologies in this area. The course aims at providing students with the basic knowledge of compliance and internal corporate controls, analysing the corporate criminal liability models in place in different legal systems. The goal is also to provide students with the understanding of the risks criminal compliance is intended to address as well as the benefits of adopting a well-designed and effective compliance program, to train legal experts able to face complex regulatory challenges and the digital revolution.

The course will provide students with basic knowledge as to fully understand all the subjects addressed. It may be useful, even if not mandatory, to have basic notions of criminal law.

Knowledge and understanding: Student will be expected to learn the basic notions of compliance as a business function and to gain an in-depth knowledge of corporate criminal liability rules and criminal compliance activities. Students will be also expected to understand the functioning of automation of criminal compliance through AI software and new technologies, and to learn how to deal with the legal risks related to such innovations. Such knowledge will be ascertained through the evaluation of participation in class discussions, group presentations as well an individual test. At the end of the course, an oral exam to discuss the contents of the individual test will be held. Applying knowledge and understanding: By attending the course, students will be able to apply, also with regard to the resolution of practical cases, the relevant notions concerning corporate criminal liability and criminal compliance. In this way, students will have the basic knowledge of the subject at hand to participate in the job market as ‘lawyers 4.0’ and corporate advisors, able to build and manage a comprehensive corporate criminal compliance and internal controls system. Students will be also able to link the notions learned with topics related to other academic fields (e.g. management, legal computer science). This knowledge will be evaluated taking into account the results of students’ participation in class discussions, group presentations, as well as an individual test and a final oral exam to discuss the contents of the individual test. Making judgments: By using a correct study and research methodology acquired during the course, sstudents will be able to collect data and materials to analyze relevant regulations as well as the case law and the legal doctrine related to the subjects considered. Students will also be able to solve the legal issues related to criminal compliance activities, mitigating and managing the various risks a corporation could be exposed, especially when using new technologies. Students will gain the ability to evaluate data and materials independently and to formulate their own critical judgment on the application of the fundamental principles and categories of criminal law to practical cases. Communication skills: At the end of the course students will be able to use the appropriate technical-legal vocabulary related to the subjects of corporate criminal liability and compliance, addressing the legal issues submitted to their attention with fluency and using the proper technical language. Students will be able to apply these communication skills in different contexts. Students will acquire argumentative skills as well as the ability to adapt the terms used to the context and to their interlocutor. Learning skills: The knowledge acquired during the course will allow students to independently understand and interpret regulatory changes. The application of notions acquired during the course will also provide students with that solid knowledge of the fundamental aspects of criminal matter necessary to undertake different postgraduate specializations. In addition, through participation to the workshops, students will be able to use the basic methodologies to design and present the results of a research not only in the criminal law field, but also in the management/corporate compliance sector.

Introduction to Compliance. Criminal Compliance Corporate Criminal Liability. A Comparative Overview Strict Liability and ‘Corporate Fault’ Models The Italian Experience: The Legislative Decree No. 231 of 2001 Role and Functions of Compliance Programs Incentives to Cooperation, Internal Investigations and Negotiated Settlements Digital Criminal Compliance and New Technologies to Prevent Crimes Predictive Policing at the Workplace

Students will be able to prepare for the exam by studying the materials made available on Luiss Learn platform.

Lessons; class discussions; workshops and practical labs; presentations.

The final exam consists of an oral interview and students shall demonstrate that they have achieved the expected learning outcomes, firstly with regard to the necessary knowledge of the relevant areas of criminal law included in the course programme. Students shall also demonstrate their ability to identify basic compliance measures to address and manage risks related to the use of new technologies within organisations. Students shall be able to use an appropriate legal vocabulary and to give a correct legal qualification to concrete cases. Students are also expected to prove that they are able to independently analyse relevant legislation and case law, as to develop an autonomous ability to study the subject. The grade will be awarded in thirtieths and the following evaluation criteria will be taken into account: attendance and participation in class discussion, appropriate use of the technical and legal vocabulary, ability to independently evaluate and analyse relevant sources (40%); group presentations (30%); individual output and a final oral exam to discuss the contents of the individual output (30%). Learning gaps concerning one or more notions will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter. Non-attending students will be required to submit two written papers as well as to take part in an oral interview on course topics.

Interest in the course; good presentation in the working groups; good result/grades in the evaluation. Students interested in choosing this course for their final thesis shall submit a short abstract to explain their ideas.