Teaching code

4S008474

Academic staff

Roberto Flor, Ivan Salvadori

Coordinator

Roberto Flor

Credits

6

Also offered in courses:

• Criminal Economic Law of the course Combined Bachelor's + Master's degree in Law
• Criminal Economic Law of the course Bachelor’s degree in Law Services

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/17 - CRIMINAL LAW

Period

1° periodo lezioni (1B) dal Nov 5, 2021 al Dec 16, 2021.

Lessons timetable Moodle Seminars 0

Learning outcomes

The course aims at exploring how criminal law impacts the (national and supranational) legal framework governing economic activities, especially by means of provisions designed to guarantee the freedom of private economic initiative and to protect the various interests involved in the exercise of that freedom. During the course, the fundamental notions and the regulatory principles of the field will be taught, as to enable students to be familiar with the operative problems arising out the interaction between economic initiatives and criminal law legal monitoring and, in general, the tension between economy and criminal law. Students will develop the capability to critically assess the application of criminal law by understanding the complexity that nowadays characterize economic activities.

Program

MODULE 1 (Prof. Roberto Flor)
1. General Part. Notion and elements of the economic criminal law
2. Criminal corporate liability. Contents and structure of the dlgs 231/2001
3. The corporate criminal offences and related to the financial markets

MODULE 2 (Prof. Ivan Salvadori)
4. The bankruptcy criminal offences
5. Criminal offences related to safety and health at work
6. Criminal offences against the public economy, industry or commerce

Teaching methods
Students attending classes: frontal classroom lessons concerning the basis and fundamental categories of Economic Criminal Law, the interpretation of the offences in economic crime areas and their judicial implementation. They will receive also indications about possible alternative references in order to prepare the exam or to integrate the contents of the lessons.
Workshops or seminars will concern specific case studies, following the Problem Based Solving (PBS) method.
The course combines frontal classroom lessons and on-line teaching, in particular: 30 hours (5 CFU) frontal classroom lessons and 6 hours (1 CFU) online teaching.
The frontal classroom lessons will concern all the parts of the program.
The online teaching will concern specific case studies regarding the topics studied during the classroom lessons, following the Problem Based Solving (PBS) method.
The materials of the lessons, including ppt presentations, video, scientific works and case studies, will be published on the moodle of the course.
Students not-attending classes are invited to contact the Professor in order to receive support and relevant references for the preparation of the final exam.
Erasmus students must fix an appointment with the Professor in order to select an individual program, taking into consideration also the State of origin.

Materials
The materials of the lessons, including ppt presentations, video, scientific works and case studies, will be published on the moodle of the course.
All students my access to moodle of the course (using personal ID and password).

Recommended Books
MAZZACUVA N., AMATI E., Diritto penale dell’economia, 5° ed., Milano, 2020
BLAIOTTA R., Diritto penale e sicurezza del lavoro, Torino, 2020
FIANDACA G., MUSCO E., Diritto penale. Parte speciale, vol. I, 6° ed., Bologna, 2021, limitatamente al cap. 9: “Delitti contro l’economia pubblica, l’industria e il commercio”.
Students attending classes will receive the indications about the relevant parts, or on alternative scientific articles.
Students not-attending classes are invited to contact the Professors.

Office hours
Office hours are published on the Professor's personal webpage. Students may ask for a Zoom meeting.

Official language
Italian.

Bibliography

Examination Methods

The final exam consists of an oral examination.
Students attending classes: 1 written exam (self assessment) on the topics of the Module 1 (50%).
If the mid-term exam will be positive: final oral exam only on the topics of the Module 2 (50%).
If the mid-term exam will be negative: final oral examination will cover the whole program (100%). The examination will consist of at least one open question for each part of the program, which are of equal importance.
Students attending classes may choose, however, to sit the final oral exam on the entire program. The examination will consist of at least one open question for each part of the program, which are of equal importance.
Students not attending classess: oral final exam on the entire program (100%). The examination will consist of at least one open question for each part of the program, which are of equal importance.
Erasmus students must fix an appointment with the Professor in order to identify the individual valuation method.
The evaluation criteria are the following:
level and depth of study and understanding;
language properties;
capacity to connect systematically the understanding;
analitycal and arguing ability.
Grades are awarded on a scale from 18 to 30, where 30 is the highest grade and 18 is the lowest grade to pass the exam. In case of an excellent knowledge and a high level of problem-solving capacity, the candidate may earn the highest grade with “cum laude” honor.
The official language is Italian.