BUSINESS ORGANIZATION AND CRIMINAL PROCEDURE B

General Module

Course Sheet

Course code:

0386LB

Academic Year of enrolment:

2022

Year of supply:

2022/2023

Type of Course:

Characterising

Degree:

Course of 2nd Cycle Degree in LEGAL SCIENCES FOR INTERNATIONALISATION AND BUSINESS INNOVATION

Disciplinary Sector:

Criminal Procedural Law

Is part of:

BUSINESS ORGANIZATION AND CRIMINAL PROCEDURE

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

TRAPELLA FRANCESCO

Cycle:

Second semester

Hours of classroom activity:

Individual study hours:

102

Prerequisites:

Basic knowledge of Public Law, Commercial Law and Criminal Law.
It is possible the organization of seminars for reviewing the institutional profiles of criminal matters, where necessary for the in-depth study required by the course.

Objectives

Main knowledge acquired. In-depth knowledge of the discipline of the liability of entities for administrative offenses resulting from a crime. In particular, the course offers students the knowledge of the categories of crimes capable of involving the body, and the knowledge of the criteria of possible imputation of the fact to the entity and of the tools useful to exclude the liability of the entity.
Main ability acquired. Application of the theoretical knowledge acquired for the constructive criteria of an organizational model suitable for the prevention of crimes, for the elaboration of effective mechanisms and procedures for reporting risk situations, for building post-delictum organizational models and for the management of the life of the entity after the application of real precautionary measures.

Contents

With the course the student understands the essential notions to the discipline of the liability of entities for offenses resulting from a crime, with the goal of verifying and maintaining 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

Introduction to the course: from the “societas delinquere non potest” to the liability of entities for offenses resulting from a crime; gestation, structure and modifications of the legislative decree n. 231 of 2001 (2 hours).
The application of the principles of Criminal Law (legality, materiality, offensiveness and guilt) to the entity. The problem of attributing responsibility to the entity (the crime committed in its interest or to its advantage). Exclusion of liability: organizational models and supervisory bodies; the fraudulent circumvention of the model; the post-crimen patratum model (12 hours).
The penalties applicable to the entity; confiscation; the prescription; the concurrence of offenses (4 hours).
Impact of the modifying events of the entity on patrimonial responsibility (2 hours).
The assessment of liability: the application of the rules of the criminal procedure code to the entity (subjects, jurisdiction and competence; evidence; precautionary measures; preliminary investigations and preliminary hearing; special proceedings; judgment; appeals; execution) (20 hours) .
Examination of an organizational model; study of exemplary jurisprudential cases (2 hours).
Process simulation: the probation of the entity (6 hours).

Recommended Bibliography

Attending students: materials distribuited by the teacher and lecture notes.
Non-attending students:
D. Piva ed., La responsabilità degli enti ex d.lgs. 231/2001 tra diritto e processo, Torino, Giappichelli, 2021, pp. 37-57, 142-178, 267-289, 760-996. C. Fiorio ed., La prova nel processo agli enti, Torino, Giappichelli, pp. 41-80, 145-192.

Teaching Methods

The course consists of 48 hours of frontal teaching; the interaction with students will be stimulated. The organization of seminars, case studies, exercises and group work is possible. It is possible to participate in conferences and initiatives held by teachers and experts, including foreign ones. The active participation will contribute to final evaluation.
Attendance is optional but recommended.

Evaluation methods

Verification of learning:

Non attending-students: oral exam. Three questions on the program topics, unless the exam has to be interruped due to serious unpreparedness of the student.
Attending-students: written test on part of the program; evaluation of exercises/group works, including the participation in the procedural simulation foreseen at the end of the course; oral exam on the residual part of the program.

Contacts/More Information

E-mail: francesco.trapella@unich.it
Student days and hours: after each lesson or on other days by appointment arranged by email.
Further information at https://giurinn.unich.it

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

Aree

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