CRIMINAL COMPLIANCE & RISK MANAGEMENT
CRIMINAL COMPLIANCE & RISK MANAGEMENT
Rossella Sabia, Christoph Markus Oliver Burchard
Obiettivi formativi
Provide the student 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 student 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 the student 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.
Prerequisiti
The course will provide the students with basic knowledge as to fully understand all the subjects addressed. It may be useful, but not mandatory, to have basic notions of criminal law.
Contenuti Del Corso
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
Case Studies and Prevention Activities Across Different Sectors
Testi Di Riferimento
Students will be able to prepare for the exam by studying the materials made available on Luiss learn platform
Metodologie Didattiche
Lessons; class discussions; workshops and practical labs; presentations.
Modalità di verifica dell'apprendimento
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 relevant areas of criminal law included in the course programme. The student shall also demonstrate his/her ability to identify basic compliance measures to address and manage risks related to the use of new technologies within organisations.
The student shall be able to use an appropriate legal vocabulary and to give a correct legal qualification to concrete cases. 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 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.
Criteri per l’assegnazione dell’elaborato finale
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.
Il syllabus affronta temi collegati alla sostenibilità?
Yes
Settimana 1
Session I – on campus
Course Presentation
Introduction to Compliance. Criminal Compliance
Settimana 2
Session I – online
Introduction and Overview: Dimensions of Compliance. Potentials and Pitfalls of Digital Criminal Compliance
Session II – on campus
The Problem of Corporate ‘Criminal’ Liability
Settimana 3
Session I – on campus
Corporate ‘Criminal’ Liability. A Comparative Overview
Settimana 4
Session I – online
Criminal Liability (I)
Individual Criminal Liability of Compliance Officers for Compliance Violations.
Relation of Individual and Corporate Criminal Liability
Session II – on campus
Corporate Criminal Liability. Strict Liability Models
Settimana 5
Session I – on campus
Corporate Criminal Liability. Models Based on ‘Corporate Fault’
Settimana 6
Session I – online
Introduction to the Italian Experience
Session II – on campus
The Legislative Decree No. 231 of 2001
Settimana 7
Session I – on campus
The Legislative Decree No. 231 of 2001. The ‘Organisational Fault’, Role and Evaluation of Compliance Programs
Settimana 8
Session I – online
Criminal Liability (II)
Criminal Liability for Digital Criminal Compliance Products
Session II – on campus
Practical Lab. The Design of an Effective Compliance Program
Brainstorming session and assignment for group presentations
Settimana 9
Session I – online
Digital Criminal Compliance (I)
Regulatory Databases & Change Management.
International Conflict of (Criminal) Laws
Session II – on campus
Incentives to Cooperation, Internal Investigations and Negotiated Settlements
Settimana 10
Session I – on campus
A Focus on Crime Prevention Across Sectors. Cybercrime; Corruption
Settimana 11
Session I – online
Digital Criminal Compliance (II)
Predictive Policing at the Workplace
Session II – on campus
Group presentations
Settimana 12
Session I – on campus
Towards New Frontiers? Responsible Business Conduct, Multinational Companies and ESG Compliance