Scientific Disciplinary Sector (SSD)
IUS/17 - CRIMINAL LAW
Language of instruction
1° periodo di lezioni dal Oct 3, 2016 al Dec 16, 2016.
The course analyzes a specific sector of the Criminal Law, which is obtaining great relevance in the modern social and economic life. Its aim is to give students a specific knowledge of some fields of the economic activity and the related criminal responsibility. At the same time it gives them the juridical and cultural instruments necessary to understand its constant evolution and its frequent modifications. These changes depend from one side on the ever changing aspects of the economic and job system and, for the other side on the criminal policy orientations.
The course is divided in two main parts.
1) The first part will focus on the crimes against the public economy, provided by the Title VIII of the Italian Penal Code, with special regard to: 1) crimes against the “national economy”; 2) crimes concerning some forms of illegal strike and lockout; 3) trade crimes and offences against the market competition, the intellectual property and the rights of consumers. The main scope of this firs part is to show the progressive and not completely realized adaptation of the Economic Criminal Law to the economic and constitutional system, focusing in particular on the Criminal Court sentences, the legislative modifications and the provisions of the complementary legislation.
2) The second part will focus on the following crimes:
a) corporate crimes, modified by the legislative decree 61/2001. Special attention will be paid to the modifications adopted in 2005 and in 2015 (with the Law n. 69/2015), which has reformed the false corporate communications. The focus will be to show the different protection perspective and the problems of compatibility with the European Law.
b) Crimes included in the legislative decree 58/1998 and which concern the financial brokerage (“intermediazione finanziaria”), with special regard to the crimes of infidelity, market abuse and insider trading, modified in line with the European legislation concerning the market abuse and the ECHR (leading case Grande Stevens).
c) Crimes concerning the protection of the security and the health of the workers in the working places, firstly modified by the legislative decree 626/1994 and then by the legislative decree 81/2008, in order to implement the European legislation. This part will be focused on showing the tendency to adopt preventative measures and sharing the framework of the criminal liability related to the risk management and the company organization. Special attention will be paid to the jurisprudence concerning the offences against the life and the private and public integrity.
The course is divided in the two following modules:
First module (12 hours):
- General introduction to the Economic criminal law: corporate crime, white collar crimes, economic crimes.
- Crimes against the national economy: the meaning of “national economy” and the protected legal interests; crimes of strike and lockout; market abuse, illegal competition, commercial fraud, stock manipulation.
Second module (24 hours):
Notions and contents of the business crimes – individuation of the perpetrators and the subjects criminally responsible in the field of the business – the regulation of the transfer and/or the mandate of functions - the regulation of the criminal liability of the legal persons.
- Corporate crimes and offences related tot he financial market: generale problems: the reform of 2002; the protected interests; the subjects criminally responsible – the crimes of false corporate communications, the crimes of infidelity, market abuse and insider trading
- Bankruptcy crimes: The system of the business in crisis – the legal system of the bankruptcy – the role of the declaration of bankruptcy in the crimes – the perpetrator – the protected interest – the bankruptcy crimes: simple, irregular, fraudulent or preferential bankruptcy.
- The crimes concerning the protection of the security and the health of the workers in the working places: persons subject to the security duty and the criminal responsibility; mandate of functions – the position of the worker – the protection of the workers’ health in the Penal Code (PC); articles 437, 451, 589 and 590 PC; the misdemeanors concerning the prevention of work injuries; provisions concerning statute-barred and the crime extinction – definition of the misdemeanors punished with the arrest – legal problems concerning the responsibility for the injuries in the work places.
The teaching methods used for both attending and non-attending students are different.
For the students who will attend the course, the didactic method will consist in lectures given by the professors on the most important topic of the Economic Criminal Law. The lectures will be aimed at trasmitting the fundamental notions of the course and the main instruments to understand the legal problems related to the course. Some specific seminars will be aimed to analyze some specific parts of the program concerning the recent legislative modifications and the jurisprudence, in accordance with the particular interests of the students. Furthermore, specific works, doctrinal articles and judgments will be published and made available on line, through the University e-learning platform.
With regards to the students who will not attend the course, the study of the recommended books will be integrated thanks to the support of the professors. They will update the students on specific novelties (case law – legislation, etc.) through specific communications available on line. Please note that with online registration also non-attending students may have access to the University e-learning platform.
During the entire academic year all the students will have the possibility to contact the professors and to meet them during the specific time dedicated to them and indicated on the Department’s website.
FIANDACA G. – MUSCO E., Diritto penale. Parte speciale - Vol. 1, only Chapter VIII: Delitti contro l'economia pubblica, l’industria e il commercio, 5^ ed., Zanichelli, Bologna, 2012.
MAZZACUVA N. – AMATI E., Diritto penale dell’economia. Problemi e casi, 3^ ed., Cedam, Padova, 2016
The regular consultation of the Italian Penal and Civil Code, the complementary legislation such as the specific works, doctrinal articles and jurisprudence published and made available on line, through the University e-learning platform is recommended.
The exam will be in Italian and consists of an oral interview. It has the goals to verify the following elements:
-depth and extent of the knowledge achieved;
-ability to connect in a systematic way the knowledge achieved;
-analytical and argumentative skills.
The students who have attended the course and wish to deepen their study on a particular subject, agreed with the professors during the course or workshops, have the possibility to present a short paper on specific topics analyzed during the course, object of the oral interview directed to verify the knowledge achieved.
The evaluation runs on a scale from 0 to 30 (successful completion of the examination starts from 18)