68978 - EconomicCriminalLaw andCrimesagainstPublic Administration

Learning outcomes

In addition to mastering general and constitutional principles in criminal matters, Students have thorough understanding of the issues of transfer of functions and/or delegation of functions and the problem of criminal and/or administrative liability of legal persons. They devote detailed analysis to the main criminal law cases.

Course contents

The first part of the course addresses constitutional principles and the general part of criminal law, and it is a common program of the teaching of Economic Criminal Law and Crimes against Public Administration (Diritto penale dell’economia e della pubblica Amministrazione), Employment Criminal Law (Diritto penale del lavoro), Criminal law of Food Safety (Diritto penale della sicurezza alimentare), and Criminal law in the field of navigation and transport (Diritto penale della navigazione e dei tasporti). After explaining the principles of legality, offensiveness, culpability, we will focus on the elements of the crime, the objective and subjective criteria of imputation of criminal responsibility and some forms of manifestation of the crime (attempt and participation in crime). Particular attention will be paid to the problematic adaptation of these principles and rules to the field of economic crimes and the contexts of so-called “criminal law of risk,” determined by the use of new technologies and acting within complex organizations.

The special part of “Economic Criminal Law and Crimes against Public Administration” will continue with an analysis of the main crimes against public administration under the Penal Code (Articles 314 ff.).

The special part of “Employment Criminal Law” will address selected topics, including responsible agents, delegation of functions, Articles 434, 437, 451 of the Penal Code, and liability of legal entities.

The special part of Criminal law of Food Safety will focus on crimes against public safety applicable to “food safety” and the liability of legal entities under Legislative Decree 231/2001.

The special part of “Criminal law in the Field of Navigation and Transport” will focus on the reconstruction of the main offenses provided for by the Italian Navigation Code and the cases provided for by the Penal code applicable to the transport, also through a case law analysis.

Readings/Bibliography

General (common) part:

C.F.Grosso-M.Pellissero-D.Petrini-P.Pisa, Manuale di diritto penale, parte generale, Giuffré, IV ed. 2023, only the following chapters: I, III, IV, V, VI, VII, IX, X, XI, XII, XIII, XIV, XVI, XVII, XVIII, XIX; XXIII, XXIV, XXVII (onlyai paragraphs from 1 to 7.2. included), XXX (only par. 1 and 2), XXXI.

or:

D. Pulitanò, Diritto penale, X ed., Giappichelli, 2023, only the following parts: Parte I; Parte II; Parte III ; Parte IV: only chapter 1; Parte V , chapters 1, 2, 3, 4, 5 (of this latter chapter only par. 1 e 2); 6; Parte VI, chapter 2, 3, 4; Parte VII, chapter. 1, 2 (only section 1) an chapter 6 (only par. 1 and 9); Parte VIII, chapter 3; Parte IX, chapter 2.

Special parts:

a) Economic Criminal Law and Crimes against Public Administration: V. Manes, I delitti contro la pubblica amministrazione, in S. Canestrari - F. Curi - D. Fondaroli - V. Manes - M.O. Mantovani - A. Nisco - S. Tordini Cagli, Diritto penale. Percorsi di parte speciale, Giappichelli, 2023, Chapter III, p. 93 ss.

b) Employment Criminal Law: D. Castronuovo - F. Curi - S. Tordini Cagli - V. Torre - V. Valentini, Sicurezza sul lavoro. Profili penali, Giappichelli, last edition;

c) Criminal law of Food Safety: A. Gargani, Illeciti punitivi in materia agroalimentare, Giappichelli, 2021, pp. 3-340, exluding chapter III;

d) The texts for the study of the special part of Criminal la in the field of navigation and transport will be indicated at the beginning of the class.

Teaching methods

Frontal lecture with analysis of case law and interaction with students.

Assessment methods

The final test will be exclusively an oral exam.

The students’ knowledge is assessed through a discussion, to evaluate the actual achievement of the learning outcomes. The exam consists in an interview with the appointed commission on the topics included in the programme.

The assessment will take into account the knowledge of the relevant institutional framework, the ability to analyse doctrinal and jurisprudential opinions and, to single out connections between the relevant topics, to critical reasoning, as well as the clarity of presentation and critical thinking.

By way of example, the following criteria will be used to assign the final mark (that will be out of 30/30):

- knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language à 18-19/30;

- knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;

- comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;

- extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.

Teaching tools

For each topic both the normative and the practical aspects are considered, with a specific analysis of the most important cases and comparative law remarks.

For areas which cannot be adequately dealt with in class, students are referred to the booklist.

Students are advised to constantly consult the Penal Code both during the lectures and while studying the recommended books.

Office hours

See the website of Attilio Nisco