Catalogo dei Corsi di studio

This course focuses on crime committed within the commercial and business environment.
The participants will be given the opportunity to note the difficulty that the interpreter is faced with while adapting the constitutional principles to corporate criminal matters taking into account the relationship between general criminal principles, business criminal law and the system of pertinent extra-criminal law.
The desired result of the course is for a student to gain knowledge and methodology to be applied to the various "sub-systems" of business and corporate criminal law where a legitimate enterprise structure is almost always present and the interests of corporations are challenged as a whole. On the contrary, the general criminal law is strongly influenced by the individual approach which is difficult to apply to a corporation.
The jurisprudence of responsabilità amministrativa “da reato” of legal entities, introduced by Legislation Lgv, n. 231/2001 and gradually expanded to several sections of criminal enterprise law, and the analysis of new types of administrative offenses with respect to which could also be considered criminal (as in the case of amended laws on insider trading and "financial market manipulation" introduced by the Legge Communitaria 2004 – Law Number 62/2005 - and the current Articles 2621 and 2622, the amended by Law no. 262/2005) will offer the student opportunity to consider non-criminal sanctions in social control of enterprise criminality.
The course will also offer an opportunity to compare the doctrinal and case law on the issue and will give students a more hands-on approach to the existing conflict between theory and practice.
Finally, the student will be introduced to an essential phenomenon that has been defined as "the explosion of corporate control", consisting in the creation of new internal auditing functions which prevail over the more traditional ones.
The multiple tensions triggered by internal investigations into corporate criminality are explored in the context of a director’s duties to preserve the company’s assets in a manner consistent with disclosure obligations owed to its stakeholders and the financial markets. The increasing emphasis placed by the law on a company’s obligation to prevent the occurrence of corporate crime is also examined.

Programme

Historical and regulatory evolution of Business criminal law. Subjects and liabilities. Administrative liability of legal entities Corporate crimes; : false corporate communications; prevented corporate control; omitted interest communication; fictitious capital formation or increase; undue distribution of social assets; patrimonial infidelity; corruption; illicit influence on the assembly; obstacle to the exercise of the functions of public supervisory authorities; insider trading. Bankruptcy crimes: Crimes in other insolvency proceedings. Bank crimes: Market abuse: abuse of privileged information; market manipulation. Money laundering. Self laundering

Adopted texts

-Ambrosetti-Mezzetti-Ronco, Diritto penale dell’impresa, Zanichelli, Bologna, 2016, con esclusione della parte relativa ai reati fallimentari e ai reati tributari;
-Pisani, Crisi d’impresa e diritto penale, Il Mulino, Bologna, 2018;



Other documents will be deal during the course available on the teacher's webpage

Prerequisites

The student must have acquired the general notions on commercial law that allow the understanding of Commercial criminal law.

Frequency modes

Optional

Exam modes

The exam will be held in oral form or written test. The exam aims to verify the theoretical knowledge transmitted and the analytical skills. In particular, the student have to demonstrate his ability to apply the acquired knowledge and a good problem solving. To achieve a score of 30/30 cum laude, the student have to instead demonstrate that he has acquired excellent knowledge of all the topics , being able to link them in a logical and consistent way.

Exam reservation date start	Exam reservation date end	Exam date
02/09/2020	11/04/2021	19/04/2021
02/09/2020	15/06/2021	24/06/2021
02/09/2020	08/07/2021	14/07/2021
02/09/2020	09/09/2021	15/09/2021
02/09/2020	02/10/2021	11/10/2021
02/09/2020	10/01/2022	18/01/2022
02/09/2020	20/01/2022	28/01/2022