Why a course on corporate responsibility: (many) questions and (few) certainties in the systems of criminal and parapenal liability related to business activity (2 hours).
Introduction to Legislative Decree 231/2001, its objectives and contents. A step back: the gestation of Legislative Decree 231/2001. Supranational precedents (European and North American) (2 hours).
Nature of the entity's liability: the debate on its qualification (criminal or administrative); crime of top management and offense of the entity: the notion of "fact" in Legislative Decree 231/2001; interest and advantage in the system of legislative decree 231/2001 (2 hours).
The MOG: concept and function; the guidelines of Confindustria; the fraudulent circumvention of the model; the MOG post crimen patratum (2 hours).
The OdV: concept and function; composition of the supervisory body; the SB in small entities; independence and autonomy of the SB; relations between the SB and RPC; whistleblowing (2 hours).
The entity's sanctions: pecuniary and disqualification; the commissioning of the entity; tools of a remedial nature: art. 12 and 17 of Legislative Decree 231/2001 (2 hours).
Structure of criminal proceedings for natural persons and for the entity: similarities and differences; the “simultaneus processus”; static part profiles and references to the code legislation on subjects, deeds and evidence (2 hours).
Precautionary matters: serious indications of guilt and precautionary requirements; the particular connotation of the precautionary measures for the institution according to the restorative justice objectives of Legislative Decree 231/2001; precautionary proceedings; real cautions (4 hours).
Preliminary investigations: entry of the crime report, guarantee information, referral to the principles and rules of the code of criminal procedure, archiving and contestation (2 hours).
Special proceedings: agreements on the sentence, abbreviated procedure, monitory proceedings; the particular question of the entity put to the test (2 hours).
Structure of the hearing phase of the process of the entities (in particular, the opening statement of the hearing as a barrier for some choices of interest to the entity, the evidentiary procedure and the sentence); outline of appeals (2 hours).
The system of extinguishing fines for remedial conduct: the labor law discipline of Legislative Decree 758/1994 (2 hours).
Contiguous institutes: the T.U. environmental and the 283/1962 as modified by the Cartabia reform (2 hours).
Compatibility of extinguishing mechanisms for remedial conduct with the constitutional principles of criminal investigation, in particular with the obligation of criminal prosecution and with the presumption of not guilty; similarities and differences with the system of legislative decree 231/2001 (2 hours).
The regulation of safety at work: criminal implications; crime prevention tools, in particular the so-called MOG81 (2 hours).
Procedural simulation: under the constant guidance of the teacher, the students, divided into three working groups (judge, prosecution, defense) will face each other on a case of criminal liability of the entrepreneur and related "231" liability of the entity (16 hours) .
It is evident that the program for attending students covers only a part of the topics assigned to non-attending students and intends to focus on this in detail.