Andrea CASTALDO | ENTERPRISES AND THE RISK OF CRIMINAL LIABILITY
Andrea CASTALDO ENTERPRISES AND THE RISK OF CRIMINAL LIABILITY
cod. 0112100019
ENTERPRISES AND THE RISK OF CRIMINAL LIABILITY
| 0112100019 | |
| DEPARTMENT OF LAW | |
| EQF6 | |
| BUSINESS AND NEW TECHNOLOGIES LAWYER | |
| 2025/2026 |
| YEAR OF COURSE 1 | |
| YEAR OF DIDACTIC SYSTEM 2020 | |
| SPRING SEMESTER |
| SSD | CFU | HOURS | ACTIVITY | |
|---|---|---|---|---|
| IUS/17 | 7 | 42 | LESSONS |
| Objectives | |
|---|---|
| THE TEACHING AIMS TO PROVIDE THE STUDENTS THE INSTRUMENTS NECESSARY TO ACKNOWLEDGE AND UNDERSTAND THE CHARACTERISTICS, CONTENTS AND MEANINGS OF THE FUNDAMENTALS OF CRIMINAL LAW, OTHER THAN PROVIDING THE CORRECT METHODOLOGY TO APPROACH THE STUDY OF BUSINESS LAW PROBLEMS, COMBINING THE IN-DEPTH ANALYSIS OF THE ISSUES RELATING TO THE SUBSTANTIVE REFERENCE SUBJECTS (COMMERCIAL LAW, BANKRUPTCY LAW, TAX LAW, FINANCIAL MARKET LAW) WITH THE ANALYSIS OF THE CRIMINAL LAW. THE COURSE AIMS, IN FACT, TO TRAIN MODERN JURISTS SPECIALIZED IN CORPORATE CRIMINAL LAW, EXPERTS IN LEGAL AND COMPLIANCE MATTERS, ABLE TO MANAGE THE "CRIMINAL RISK" CONNECTED TO THE PERFORMANCE OF BUSINESS ACTIVITIES. |
| Prerequisites | |
|---|---|
| NONE |
| Contents | |
|---|---|
| THE COURSE AIMS TO PROVIDE THE FOUNDATIONS OF CORPORATE CRIMINAL LAW. IN PARTICULAR, IT WILL COVER: THE GENERAL FUNDATIONS OF CORPORATE CRIMINAL LAW; THE LIABILITY OF LEGAL ENTITIES (PURSUANT TO LEGISLATIVE DECREE NO. 231/2001); THE DELEGATION OF FUNCTIONS (PURSUANT TO LEGISLATIVE DECREE NO. 81/2008); THE LIABILITY OF EXECUTIVE AND NON-EXECUTIVE DIRECTORS WITHIN THE BOARD OF DIRECTORS; THE CRIMINAL PROTECTION OF CORPORATE CRIMINAL LAW; THE MAIN OFFENSES IN THE ORGANIZATION OF A COMPANY. |
| Teaching Methods | |
|---|---|
| FRONTAL CLASSES |
| Verification of learning | |
|---|---|
| • ATTENDING STUDENTS THE EXAM CONSISTS OF A FINAL ORAL INTERVIEW, WHICH TAKES INTO ACCOUNT THE ACTIVE PARTICIPATION IN THE LESSONS AND THE CONTEXTUAL STUDY OF THE DISTRIBUTED TEACHING MATERIAL, TOGETHER WITH THE NOTES OF THE LESSONS WHICH FORM AN INTEGRAL PART OF THE STUDY PROGRAM. THE ASSESSMENT CRITERIA FOR THE EXAM WILL BE: 1. ABILITY TO ARTICULATE A COMPLEX DISCOURSE; 2. ABILITY TO EXPRESS ONESELF CLEARLY AND WITH APPROPRIATE LEGAL LANGUAGE; 3. ABILITY TO PLACE LEGAL INSTITUTIONS IN A PRECISE SYSTEMATIC LOGICAL FRAMEWORK, INCLUDING COMMUNITY AND INTERNATIONAL ONES; 4. ABILITY TO SELECT LEGAL DATA BY STORING SIGNIFICANT DATA METHODICALLY. THE ASSESSMENT, THEREFORE, WILL TAKE INTO ACCOUNT AN EXPOSURE THAT DOES NOT STOP AT A MERE NOTIONS OF THE DIDACTIC ACQUISITIONS MENTIONED ABOVE, TO REACH FULL MATURITY IF THE EXPOSURE PROVES TO BE FULLY AWARE IN THE APPLICATION OF THE SYSTEMATIC METHOD. • NON-ATTENDING STUDENTS THE EXAM CONSISTS OF A FINAL ORAL INTERVIEW. THE ASSESSMENT CRITERIA FOR THE EXAM WILL BE: 1. ABILITY TO ARTICULATE A COMPLEX DISCOURSE; 2. ABILITY TO EXPRESS ONESELF CLEARLY AND WITH APPROPRIATE LEGAL LANGUAGE; 3. ABILITY TO PLACE LEGAL INSTITUTIONS IN A PRECISE SYSTEMATIC LOGICAL FRAMEWORK, INCLUDING COMMUNITY AND INTERNATIONAL ONES; 4. ABILITY TO SELECT LEGAL DATA BY STORING SIGNIFICANT DATA METHODICALLY. THE ASSESSMENT, THEREFORE, WILL TAKE INTO ACCOUNT AN EXPOSURE THAT DOES NOT STOP AT A MERE NOTIONS OF THE DIDACTIC ACQUISITIONS MENTIONED ABOVE, TO REACH FULL MATURITY IF THE EXPOSURE PROVES TO BE FULLY AWARE IN THE APPLICATION OF THE SYSTEMATIC METHOD. THE FINAL MARK IS ATTRIBUTED IN THIRTIETHS. THE EXAM IS PASSED WHEN THE MARK IS GREATER THAN OR EQUAL TO 18. THE MINIMUM LEVEL OF ASSESSMENT (18) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A FRAGMENTED KNOWLEDGE OF THE THEORETICAL CONTENTS OR SHOWS A LIMITED ABILITY TO CONNECT LEGISLATIVE REFERENCES TO THE CONTEXT OF STUDY. THE MAXIMUM LEVEL OF EVALUATION (30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND IN-DEPTH KNOWLEDGE OF THE THEORETICAL CONTENTS, EXPRESSING IT THROUGH A CLEAR AND APPROPRIATE LEGAL LANGUAGE, OR SHOWS A REMARKABLE ABILITY TO CONNECT LEGISLATIVE REFERENCES TO THE CONTEXT OF STUDY. THE PRAISE IS AWARDED WHEN THE STUDENT DEMONSTRATES SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIONAL CONTENTS AND SHOWS HIS ABILITY TO PRESENT THE TOPICS WITH SIGNIFICANT LANGUAGE PROPERTIES AND AUTONOMOUS PROCESSING CAPACITY EVEN IN CONTEXTS OTHER THAN THOSE PROPOSED BY THE TEACHER. |
| Texts | |
|---|---|
| THE COURSE PROGRAM, FOR THE PURPOSE OF PREPARING FOR THE FINAL EXAM, IS COMPOSED AS FOLLOWS: 1) TEXTBOOK (COVER ONLY THE INDICATED CHAPTERS AND PARAGRAPHS): A. DI AMATO, "DIRITTO PENALE DELL'IMPRESA. PARTE GENERALE", ESI, NAPLES, 2020. CHAPTER I - P. 17-25; 32-34. CHAPTER II - P. 61-74; 80-84. CHAPTER III - P. 85-142. CHAPTER IV - P. 143-214. CHAPTER V - P. 223-246; 2) ARTICLE: A.R. CASTALDO, "L’ABUSO PENALMENTE RILEVANTE NEL MERCATO ECONOMICO-FINANZIARIO E NELLA PUBBLICA AMMINISTRAZIONE", RIV. TRIM. DIR. PEN. EC., 2018 [AVAILABLE ON THE WOLTERS KLUWER DATABASE]; 3) ARTICLE: M. NADDEO,"ANTICORRUZIONE E ANTIRICICLAGGIO: CRIMINAL NETWORKS E MODELLI DI PREVENZIONE A CONFRONTO", ANNALI DELLA FACOLTÀ GIURIDICA DELL’UNIVERSITÀ DI CAMERINO, 2021 [AVAILABLE IN OPEN ACCESS ON THE WEB]. |
| More Information | |
|---|---|
| NONE |
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