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