2. Giurisprudenza
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  4. Course Units

CORPORATE CRIMINAL PROCEDURE

Giurisprudenza CORPORATE CRIMINAL PROCEDURE

0160100388
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2017/2018

YEAR OF DIDACTIC SYSTEM 2012
PRIMO SEMESTRE
CFUHOURSACTIVITY
872LESSONS
DONATELLO CIMADOMO T Curriculum
Objectives
EXAMINE THE RULES DEDICATED TO CRIMINAL PROCEEDINGS AGAINST ENTITIES, ACCORDING THE PARADIGM INTRODUCED BY D.LGS. N. 231 OF 2001. CHECK THE PECULIARITIES OF THE RULES OF ASSESSMENT OF ADMINISTRATIVE OFFENSES RESULTING FROM CRIME AND EVALUATE THE RULES OF EVIDENCE WHICH ARE PROPER TO THE TRIAL STAGE. ANALYZE THE ORGANIZATIONAL PROFILE OF THE INSTITUTION IN VIEW OF PREVENTION OF ADMINISTRATIVE OFFENSES AND THE RELEVANT EVIDENCE OF THE PROCEDURES ADOPTED BY THE INSTITUTION TO THIS END
KNOWLEDGE AND UNDERSTANDING.
GENERAL KNOWLEDGE OF THE CRIMINAL PROCEEDINGS AGAINST ENTITIES; ABILITY TO UNDERSTAND THE ISSUES AND THE FUNDAMENTAL DYNAMICS OF THE RULES OF ASSESSMENT OF ADMINISTRATIVE OFFENSES; ABILITY TO COMPARE THE TRADITIONAL MODEL OF METHOD PROVIDED FOR OFFENSES COMMITTED BY THE PERSON WITH THE RULES LAID DOWN BY THE D.LGS. N. 231 OF 2001.

ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING.
ABILITY TO READ AND INTERPRET THE LAW OF CRIMINAL PROCEDURE; ABILITY TO GRASP THE INTERPRETIVE LINES OF JURISPRUDENCE, MERIT AND LEGITIMACY; ABILITY TO OPERATE THE REMEDIES PROVIDED FOR THE PROTECTION OF THE RIGHTS OF THE BODY SUBJECT TO CRIMINAL PROCEEDINGS.

Prerequisites
BASIC KNOWLEDGE OF CRIMINAL LAW AND CRIMINAL PROCEDURE ARE DESIRABLE
Contents
PRINCIPLES OF CRIMINAL PROCEEDINGS AGAINST LEGAL PERSONS. - THE CONDITIONS OF THE RESPONSIBILITY OF THE INSTITUTION AS A RESULT OF THE OFFENSE. - ORGANS, THE SHAPES AND THE TOOLS OF THE CRIMINAL PROCEEDINGS PROVIDED BY D.LGS. N. 231 OF 2001. - THE SPEED OF THE TEST. - PROTECTION OF THE RIGHTS OF THE DEFENSE IN THE COURSE OF CRIMINAL PROCEEDINGS AGAINST THE INSTITUTION. - THE RELATIONSHIP BETWEEN CRIMINAL PROCEEDINGS AGAINST THE PERSON AND CRIMINAL PROCEEDINGS IN RESPECT OF THE INSTITUTION
Teaching Methods
THE TEACHING, COMPOSED OF 72 HOURS BETWEEN LESSONS, EXERCISES AND LABORATORY EXPERIMENTS, IS BASED ON A TEACHING METHOD CHARACTERIZED BY PRAGMATISM, ALBEIT WITHOUT NEGLECTING THE NECESSARY FRAMEWORK FOR THEORETICAL NATURE PROMPTED BY A GLOBAL APPROACH TO THE MATTER.
THE SETTING OF THE LESSONS IS MEASURED IN A MANNER CONSISTENT WITH THE REFLECTION OF APPLICATION OF TEACHING
Verification of learning
FINAL ORAL EXAM.
EXAMINATION OF EVALUATION CRITERIA WILL BE:
1) ABILITY TO EXPRESS THEMSELVES CLEARLY AND WITH APPROPRIATE LANGUAGE;
2) ABILITY TO ARGUE AND ARTICULATE A SPEECH MADE;
3) ABILITY TO MAKE CONNECTIONS BETWEEN THE LEGAL INSTITUTIONS;
4) ABILITY TO SYNTHESIZE.
FOR ATTENDING STUDENTS WILL ALSO TAKE ACCOUNT OF THE ACTIVE PARTICIPATION TO LECTURES AND EXERCISES, AND THE RESULTS OF ANY TESTS ELAPSED
Texts
M. CERESA-GASTALDO, PROCEDURA PENALE DELLE SOCIETÀ, GIAPPICHELLI, 2015;
OPPURE
G. VARRASO, IL PROCEDIMENTO PER GLI ILLECITI AMMINISTRATIVI DIPENDENTI DA REATO, GIUFFRE', 2012;
OPPURE
D. CIMADOMO, PROVA E GIUDIZIO DI FATTO NEL PROCESSO PENALE A CARICO DEGLI ENTI, CEDAM, 2016.

CODICE CONSIGLIATO
S.M. CORSO, CODICE DELLA RESPONSABILITÀ' "DA REATO" DEGLI ENTI, GIAPPICHELLI, 2015

FOR ATTENDING STUDENTS:
- EDUCATIONAL MATERIAL IDENTIFIED AND / OR DISTRIBUTED TO CLASS, IN ADDITION TO ONE OF THE TEXTS MENTIONED ABOVE, ONLY THE PARTS FROM TIME TO TIME INDICATED
More Information
THE TEACHING IS DESIGNED FOR STUDENTS WHO ATTEND THE LESSONS WITH REGULARITY WITH WHICH WILL BE AGREED ON AN AD HOC PROGRAM AND TO WHOM WILL BE PROVIDING EDUCATIONAL MATERIAL INTEGRATIVE. STUDENTS WHO CANNOT ATTEND WILL PREPARE THE PROGRAM ON THE BASIS OF THE SUGGESTED TEXTBOOKS AND CAN ALWAYS RESORT TO THE TEACHER FOR ACTIVITIES OF MENTORING
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