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BUSINESS ORGANIZATION AND CRIMINAL PROCEDURE B Course Sheet Academic Year of enrolment:
Professor and Collaborators:
Hours of classroom activity:
Objectives
Contents With the second part of the course the student understands the essential notions to respect and respect the effectiveness of the organizational model adopted by the Organization, in order to avoid the emergence of responsibilities provided for by Legislative Decree no. 231/2001. The exemption from liability of the Entity postulates three requirements of the organizational model: in addition to its adoption, there must also be the effectiveness of the model and its concrete ability to prevent the commission of crimes, excluding the guilt of organization. The module will examine the main issues tackled by the jurisprudence, deriving a map of the actions that it would undertake in order to adapt to the claims deriving from the expansion of criminal control, also with reference to the cases of adoption of the post-delictum organizational model. Through the adoption of the current case technique, it aims to provide students with some operative elements for the intervention in the organizations and for the realization of the changes in the models.
Extended Syllabus Module 1 - Cases of responsibility for the crime of the Entity
Module 2 - The construction of the prevention system
Module 3 - The construction of the organizational model
Module 4 - Proof of the suitability and effective implementation of the organizational model
Module 5 - the Supervisory Body
Module 6 - Cases of fraudulent avoidance of the model
Module 7 - The post-crimen patratum model
Module 8 - The real precautionary measures in the life of the institution
Recommended Bibliography AA.VV., La prova nel processo agli enti, a cura di Fiorio, Giappichelli, 2016.
Case-studies distributed during lectures.
Teaching Methods The course consists of 48 hours of frontal teaching, including case studies, exercises and group work. Attendance is optional but recommended.
Evaluation methods Verification of learning:
The exam includes passing an oral exam aimed at verifying the level of learning of the educational objectives, as well as the ability of the student to develop systematic links and solve concrete problems. The examination must include the study of the textbook and the materials provided by the teacher during the lessons and made available on the site-teacher.
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