Teaching code

4S009875

Teacher

Beatrice Panattoni

Coordinator

Beatrice Panattoni

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/17 - CRIMINAL LAW

Period

1° periodo lezioni (1A) dal Sep 16, 2024 al Oct 30, 2024.

Courses Single

Authorized

Lessons timetable Moodle Seminars 0

Learning objectives

The course is intended to provide the students with the knowledge of the basic notions of the liability system for crimes committed in the exercise of the enterprise both for individuals and for companies and entities, in particular with regard to the protection of health and safety of workers in the workplace and the protection of market rules.

At the end of the course, the student will be able to elaborate on the basic notions and rules of criminal law relevant to production, economic and business activities and, in particular, to safety in the workplace; to critically analyse the constituent elements and circumstances of the crimes under study, in the light of the prevailing legal and doctrinal orientations; to apply them autonomously to actual cases; to use the appropriate legal jargon and to adopt correct lines of reasoning and argumentation.

Prerequisites and basic notions

The course delves into the topics of criminal labor law and corporate criminal law. Therefore, prior knowledge of the main institutes of the general part of criminal law is required.

Program

The course curriculum includes the discussion of three macro-themes, which will be addressed through the study of case law that highlight the practical application of criminal offences aimed at protecting worker safety, as well as the interests of business and the market.
1. First Part.
Corporate Criminal Liability: the Italian legislation (d.lgs. n. 231/2001), the theories and criteria for attributing liability to companies, including multinational corporations, the responsible parties, compliance programs and the supervisory board. The course will then review the criminal offences included in the legislation, with a focus on crimes relevant to protecting the health and safety of workers as the economy and the market.
2. Second Part.
Labor Criminal Law: the legal sources, the concepts of risk, danger and safety, the parties involved, the category of negligence, criminal offences protecting the life and safety of workers, offences against public safety related to work activities, and safety violations regarding workplace accidents.
3. Third Part.
Criminal Law and Economics: after a brief systematic overview of the subject of economic criminal law, including the responsible parties and incrimination techniques, the course will examine white collar crimes.

Bibliography

Didactic methods

The language of teaching is Italian. All literature and auxiliary materials are also in Italian.
Students are required to read the materials related to the topics covered in class, which will be made available to them. In the lab activities, practical case-solving tasks (problem-based learning, PBL) will be developed through group work.
Lecture materials (presentations, articles, and case studies) will be posted on the course’s Moodle platform.
The course also offers, as a form of collaborative learning, the opportunity for students who voluntarily participate to work in groups and present a case study during the final week of the course. A bonus score will be awarded for the presentation, in addition to the grade obtained during the final examination. Further information will be provided by the professor.
Any conferences and/or seminars of particular relevance to the topics covered in the course will be announced during the lessons as they arise.
To be considered attending students, it is necessary to attend at least 20 out of 30 hours of lectures and 9 out of 12 hours of lab sessions.
Recordings of the lessons will be made available exclusively to students enrolled in the “Panopto for Workers” program or to students with disabilities, impairments, or specific learning disorders (SLD), upon notification from the Inclusion and Accessibility Office to the professor.

Learning assessment procedures

The final exam consists of an oral examination.
Attending students have the option to take the exam in written form (with open-ended questions requiring concise answers), with the possibility of supplementing the grade through a subsequent oral exam.
Attending students also retain the option to take the entire exam in oral form.
For ERASMUS students, the syllabus, texts, and assessment methods must be agreed upon in advance with the professor.
Language used in the final exam.
The assessment will be conducted in Italian.
ERASMUS students may choose to take the exam in Italian or English, subject to prior agreement with the professor.

Evaluation criteria

The final exam aims at verifying:
• the level of achievement of the learning outcomes previously identified
• the linguistic accuracy
• the argumentative, reasoning and problem-solving skills
• the ability to connect systematically the knowledge achieved

Criteria for the composition of the final grade

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, a high level of linguistic accuracy and an argumentative, reasoning and problem-solving capacity the candidate may earn the highest grade with “cum laude” honor.

Exam language

italiano

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