Felice Pier Carlo IOVINO | PROCEDURAL SYSTEM AND CORPORATE CRIMINAL LIABILITY

cod. 0112100018

PROCEDURAL SYSTEM AND CORPORATE CRIMINAL LIABILITY

	0112100018
	DEPARTMENT OF LAW
	EQF6
	BUSINESS AND NEW TECHNOLOGIES LAWYER
	2023/2024

PERCORSO UNIQUE CURRICULUM

	OBBLIGATORIO
	YEAR OF COURSE 3
	YEAR OF DIDACTIC SYSTEM 2020
	SPRING SEMESTER

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/16	7	42	LESSONS	COMPULSORY SUBJECTS, CHARACTERISTIC OF THE CLASS

PROFESSORS

	ANGELO ALESSANDRO SAMMARCO T Curriculum
	FELICE PIER CARLO IOVINO Curriculum
	DONATELLO CIMADOMO Curriculum

	Objectives
	LEARNING OBJECTIVES THE OBJECTIVE OF THE TEACHING IS TO TRAIN JURISTS, OPERATING IN THE MARKET AND COMPANY, WITH SPECIFIC SKILLS IN THE PROCESSUAL-CRIMINAL SECTOR, ABLE TO ESTABLISH PROTOCOLS DEPUTED NOT ONLY FOR THE USE OF INTERNAL INSTRUMENTS FOR DEFENSE INFORMATION, BUT ALSO PROFIT BECAUSE OF THE CORPORATE CRIMINAL RISK AND ITS PREVENTION WITH MANAGEMENT ORGANIZATION MODELS. TO THIS PURPOSE, THE NECESSARY TOOLS FOR A PROFITABLE DIALOGUE WITH THE LEGITIMIZED JUDICIAL AUTHORITY AND WITH ALL THE PROFESSIONALS WHO INTERVENE IN THE COURSE OF THE CRIMINAL PROCEEDING, IN PARTICULAR THE DEFENDER OF TRUST, THE TECHNICAL CONSULTANT, AS WELL AS THE PROFESSIONAL IN PERSPECTIVE NECESSARY WITHIN THE COMPANY ORGANIZATION ACCORDING TO THE SUPRANATIONAL SOURCES. EXPECTED LEARNING OUTCOMES: KNOWLEDGE AND UNDERSTANDING OVERALL AND GENERAL AWARENESS OF THE COMPLEX ARTICULATION OF THE PROCEDURE FOR THE ASSESSMENT OF THE LIABILITY FOR THE OFFENSE OF THE ORGANIZED COMPLEXES, OF THE CONTACT ELEMENTS WITH THE ORDINARY CRIMINAL PROCEEDINGS AND, THEREFORE, OF THE REASONS FOR THE SEPARATION OF THE PHASES AND PROCEDURES OF THE ELEMENTS OF DIVERSITY WITH RESPECT TO THE DISCIPLINE OF THE CODE OF CRIMINAL PROCEDURE; UNDERSTANDING THE LEVEL OF IMPLEMENTATION OF THE FUNDAMENTAL GUARANTEES CONNECTING THE "RIGHT PROCESS" IN THE PROCEDURE FOR ASSESSING THE LIABILITY OF THE BODY. ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING ABILITY TO ANALYZE AND APPLY WITH AWARENESS THE SOLUTIONS OF THE CODE OF CRIMINAL PROCEDURE AND THE SPECIAL LEGISLATION IN FORCE ON THE MATTER, WITHIN THE FRAMEWORK OF CONSTITUTIONAL GUIDELINES; ABILITY TO TAKE ADVANTAGE OF THE ACQUIRED KNOWLEDGE AND DEVELOPED EXEGETICAL SKILLS FOR THE PURPOSE OF THE CORRECT LEGAL FRAMEWORK OF THE BASIC CASE STUDIES AND THE SYSTEMATIC RESOLUTION OF THE APPLICATION PROBLEMS. AUTONOMY OF JUDGMENT ACQUISITION OF AN ARGUMENTATIVE METHOD AND THE ABILITY TO COMMUNICATE TO AN AUDIENCE OF NON-SPECIALISTS INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC DISCIPLINARY FIELD WITH APPROPRIATE LANGUAGE AND GOOD ARTICULATION OF THOUGHT.

LEARNING OBJECTIVES
THE OBJECTIVE OF THE TEACHING IS TO TRAIN JURISTS, OPERATING IN THE MARKET AND COMPANY, WITH SPECIFIC SKILLS IN THE PROCESSUAL-CRIMINAL SECTOR, ABLE TO ESTABLISH PROTOCOLS DEPUTED NOT ONLY FOR THE USE OF INTERNAL INSTRUMENTS FOR DEFENSE INFORMATION, BUT ALSO PROFIT BECAUSE OF THE CORPORATE CRIMINAL RISK AND ITS PREVENTION WITH MANAGEMENT ORGANIZATION MODELS. TO THIS PURPOSE, THE NECESSARY TOOLS FOR A PROFITABLE DIALOGUE WITH THE LEGITIMIZED JUDICIAL AUTHORITY AND WITH ALL THE PROFESSIONALS WHO INTERVENE IN THE COURSE OF THE CRIMINAL PROCEEDING, IN PARTICULAR THE DEFENDER OF TRUST, THE TECHNICAL CONSULTANT, AS WELL AS THE PROFESSIONAL IN PERSPECTIVE NECESSARY WITHIN THE COMPANY ORGANIZATION ACCORDING TO THE SUPRANATIONAL SOURCES.
EXPECTED LEARNING OUTCOMES:
KNOWLEDGE AND UNDERSTANDING
OVERALL AND GENERAL AWARENESS OF THE COMPLEX ARTICULATION OF THE PROCEDURE FOR THE ASSESSMENT OF THE LIABILITY FOR THE OFFENSE OF THE ORGANIZED COMPLEXES, OF THE CONTACT ELEMENTS WITH THE ORDINARY CRIMINAL PROCEEDINGS AND, THEREFORE, OF THE REASONS FOR THE SEPARATION OF THE PHASES AND PROCEDURES OF THE ELEMENTS OF DIVERSITY WITH RESPECT TO THE DISCIPLINE OF THE CODE OF CRIMINAL PROCEDURE; UNDERSTANDING THE LEVEL OF IMPLEMENTATION OF THE FUNDAMENTAL GUARANTEES CONNECTING THE "RIGHT PROCESS" IN THE PROCEDURE FOR ASSESSING THE LIABILITY OF THE BODY.
ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING
ABILITY TO ANALYZE AND APPLY WITH AWARENESS THE SOLUTIONS OF THE CODE OF CRIMINAL PROCEDURE AND THE SPECIAL LEGISLATION IN FORCE ON THE MATTER, WITHIN THE FRAMEWORK OF CONSTITUTIONAL GUIDELINES; ABILITY TO TAKE ADVANTAGE OF THE ACQUIRED KNOWLEDGE AND DEVELOPED EXEGETICAL SKILLS FOR THE PURPOSE OF THE CORRECT LEGAL FRAMEWORK OF THE BASIC CASE STUDIES AND THE SYSTEMATIC RESOLUTION OF THE APPLICATION PROBLEMS.
AUTONOMY OF JUDGMENT
ACQUISITION OF AN ARGUMENTATIVE METHOD AND THE ABILITY TO COMMUNICATE TO AN AUDIENCE OF NON-SPECIALISTS INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC DISCIPLINARY FIELD WITH APPROPRIATE LANGUAGE AND GOOD ARTICULATION OF THOUGHT.

	Prerequisites
	IT IS OPPORTUNE TO ACQUIRE A BASIC KNOWLEDGE OF “CONSTITUTIONAL LAW AND ECONOMIC FREEDOM” AND “BUSINESS AND CRIMINAL RISK”.

	Contents
	THE COURSE IS DIVIDED INTO THREE MODULES, EACH OF 14 HOURS. MODULE I: GENERAL THEORY AND CONSTITUTIONAL PROFILES OF THE ORDINARY CRIMINAL PROCEDURE; THE PROTAGONISTS AND THE ACTS OF THE CRIMINAL PROCEDURE; THE PHASES OF THE CRIMINAL PROCEEDINGS AND THEIR PURPOSES; GENERAL THEORY AND CONSTITUTIONAL PROFILES OF THE "CRIMINAL-ADMINISTRATIVE" PROCESS AND MAIN DIFFERENCES FROM THE "ORDINARY" CRIMINAL PROCEEDINGS; ASSESSMENT OF ADMINISTRATIVE OFFENSE AND "PREJUDICIALITY"; PROCESSUAL PROJECTIONS OF THE PRINCIPLE OF AUTONOMY OF THE BODY'S LIABILITY; THE ROLE OF ORGANIZATIONAL AND MANAGEMENT MODELS, BETWEEN ANTE DELICTUM PREVENTION AND POST DELICTUM REMEDIES; REPAIR OF THE CONSEQUENCES OF THE CRIME; THE ROLE OF SUPERVISORY BODIES. MODULE II: THE LEGAL-PROCESSIVE STATUTE OF THE BODY; THE PARTICIPATION OF THE BODY IN THE CRIMINAL PROCEDURE; THE BODY AND ITS REPRESENTATIVE, BETWEEN DEFENSE AND "CONTUMACIA"; DEFENSIVE GUARANTEES AND PROCESS RULES APPLICABLE TO THE BODY, BETWEEN INTERNAL LAW AND SOVRANATIONAL LAW; PARTICIPATIVE CONFERENCES AND PROBATORY PROHIBITIONS; BURDEN OF PROOF AND LEGAL PRESUMPTIONS IN THE PROCESS AGAINST THE BODY; PRESCRIPTION OF THE ADMINISTRATIVE SANCTION AND PRESCRIPTION OF THE OFFENSE. MODULE III: PRELIMINARY INVESTIGATIONS AND ARCHIVING; EXERCISE OF ACTION AND INACTION CONTROLS; FORFEITURE OF THE DISPUTE AND IMPROCEDIBILITY; REAL CAUTIONS AND INTERDICTIVE MEASURES; PROCESS OF MERIT AND APPEALS; ALTERNATIVE RITES; PENALTY SYSTEM AND EXECUTION.

Contents

THE COURSE IS DIVIDED INTO THREE MODULES, EACH OF 14 HOURS.
MODULE I: GENERAL THEORY AND CONSTITUTIONAL PROFILES OF THE ORDINARY CRIMINAL PROCEDURE; THE PROTAGONISTS AND THE ACTS OF THE CRIMINAL PROCEDURE; THE PHASES OF THE CRIMINAL PROCEEDINGS AND THEIR PURPOSES; GENERAL THEORY AND CONSTITUTIONAL PROFILES OF THE "CRIMINAL-ADMINISTRATIVE" PROCESS AND MAIN DIFFERENCES FROM THE "ORDINARY" CRIMINAL PROCEEDINGS; ASSESSMENT OF ADMINISTRATIVE OFFENSE AND "PREJUDICIALITY"; PROCESSUAL PROJECTIONS OF THE PRINCIPLE OF AUTONOMY OF THE BODY'S LIABILITY; THE ROLE OF ORGANIZATIONAL AND MANAGEMENT MODELS, BETWEEN ANTE DELICTUM PREVENTION AND POST DELICTUM REMEDIES; REPAIR OF THE CONSEQUENCES OF THE CRIME; THE ROLE OF SUPERVISORY BODIES.
MODULE II: THE LEGAL-PROCESSIVE STATUTE OF THE BODY; THE PARTICIPATION OF THE BODY IN THE CRIMINAL PROCEDURE; THE BODY AND ITS REPRESENTATIVE, BETWEEN DEFENSE AND "CONTUMACIA"; DEFENSIVE GUARANTEES AND PROCESS RULES APPLICABLE TO THE BODY, BETWEEN INTERNAL LAW AND SOVRANATIONAL LAW; PARTICIPATIVE CONFERENCES AND PROBATORY PROHIBITIONS; BURDEN OF PROOF AND LEGAL PRESUMPTIONS IN THE PROCESS AGAINST THE BODY; PRESCRIPTION OF THE ADMINISTRATIVE SANCTION AND PRESCRIPTION OF THE OFFENSE.
MODULE III: PRELIMINARY INVESTIGATIONS AND ARCHIVING; EXERCISE OF ACTION AND INACTION CONTROLS; FORFEITURE OF THE DISPUTE AND IMPROCEDIBILITY; REAL CAUTIONS AND INTERDICTIVE MEASURES; PROCESS OF MERIT AND APPEALS; ALTERNATIVE RITES; PENALTY SYSTEM AND EXECUTION.

	Teaching Methods
	THE COURSE IS SEMEASTRAL AND IT WILL BE HELD IN THE SECOND HALF OF THE THIRD YEAR. THEORETICAL LESSONS ARE COMPLEMENTED WITH PRACTICAL EXERCISES/SEMINARS/ SIMULATIONS WHICH ARE PERFORMED ALSO WITH THE CONTRIBUTION OF EXTERNAL EXPERTS. ATTENDING STUDENTS ARE DIVIDED INTO WORKING GROUPS FOR PRACTICAL EXERCISES TO BE CARRIED OUT AT THE MULTIMEDIA TEACHING LABORATORY AND AT JUDICIAL INSTITUTIONS. TEACHING LANGUAGE: ITALIAN

Teaching Methods

THE COURSE IS SEMEASTRAL AND IT WILL BE HELD IN THE SECOND HALF OF THE THIRD YEAR. THEORETICAL LESSONS ARE COMPLEMENTED WITH PRACTICAL EXERCISES/SEMINARS/ SIMULATIONS WHICH ARE PERFORMED ALSO WITH THE CONTRIBUTION OF EXTERNAL EXPERTS.
ATTENDING STUDENTS ARE DIVIDED INTO WORKING GROUPS FOR PRACTICAL EXERCISES TO BE CARRIED OUT AT THE MULTIMEDIA TEACHING LABORATORY AND AT JUDICIAL INSTITUTIONS.
TEACHING LANGUAGE: ITALIAN

	Verification of learning
	ORAL EXAMINATION. THE FINAL MARK DEPENDS ON THE DEGREE OF MATURITY ACHIEVED ON THE CONTENTS OF THE COURSE, ON THE ABILITY TO UNDERSTAND AND THE TECHNICAL ACCURACY IN DISCUSSING THE INSTITUTIONS AND NORMS THAT HAVE BEEN STUDIED. EVALUATION CRITERIA: 1) ABILITY TO EXPRESS ONESELF CLEARLY AND WITH APPROPRIATE TECHNICAL LANGUAGE; 2) ABILITY TO DEVELOP A COMPLEX DISCOURSE; 3) ABILITY TO OFFER A SYSTEMATIC AND COHERENT EXPLANATION OF THE PROCEDURAL INSTITUTES EXAMINED WITHIN THE BROADER REGULATORY FRAMEWORK; 4) ABILITY TO MAKE TRANSVERSAL CORRELATIONS ACROSS THE DIVERSE TOPICS ADDRESSED DURING THE COURSE. THE FINAL MARK IS ATTRIBUTED IN THIRTIES, THE EXAMINATION IS PASSED WHEN THE VOTE IS EQUAL OR HIGHER THAN 18. THE MINIMUM MARK IS ATTRIBUTED WHEN THE STUDENT HAS A FRAGMENTED KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A LIMITED CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE MAXIMUM MARK (30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND DEEP KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A NOTABLE CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT. THE LAUDE IS ATTRIBUTED WHEN THE CANDIDATE SHOWS A REMARKABLE MASTERY OF THEORETICAL AND OPERATIVE CONTENTS AND PRESENTS THE ARGUMENTS WITH LINGUISTIC ACCURACY AND ABILITY OF AUTONOMOUS ELABORATION.

Verification of learning

ORAL EXAMINATION. THE FINAL MARK DEPENDS ON THE DEGREE OF MATURITY ACHIEVED ON THE CONTENTS OF THE COURSE, ON THE ABILITY TO UNDERSTAND AND THE TECHNICAL ACCURACY IN DISCUSSING THE INSTITUTIONS AND NORMS THAT HAVE BEEN STUDIED.
EVALUATION CRITERIA:
1) ABILITY TO EXPRESS ONESELF CLEARLY AND WITH APPROPRIATE TECHNICAL LANGUAGE;
2) ABILITY TO DEVELOP A COMPLEX DISCOURSE;
3) ABILITY TO OFFER A SYSTEMATIC AND COHERENT EXPLANATION OF THE PROCEDURAL INSTITUTES EXAMINED WITHIN THE BROADER REGULATORY FRAMEWORK;
4) ABILITY TO MAKE TRANSVERSAL CORRELATIONS ACROSS THE DIVERSE TOPICS ADDRESSED DURING THE COURSE.
THE FINAL MARK IS ATTRIBUTED IN THIRTIES, THE EXAMINATION IS PASSED WHEN THE VOTE IS EQUAL OR HIGHER THAN 18.
THE MINIMUM MARK IS ATTRIBUTED WHEN THE STUDENT HAS A FRAGMENTED KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A LIMITED CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT.
THE MAXIMUM MARK (30) IS ATTRIBUTED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND DEEP KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A NOTABLE CAPACITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT.
THE LAUDE IS ATTRIBUTED WHEN THE CANDIDATE SHOWS A REMARKABLE MASTERY OF THEORETICAL AND OPERATIVE CONTENTS AND PRESENTS THE ARGUMENTS WITH LINGUISTIC ACCURACY AND ABILITY OF AUTONOMOUS ELABORATION.

	Texts
	M. CERESA-GASTALDO, PROCEDURA PENALE DELLE SOCIETÀ, IV EDIZ., GIAPPICHELLI, 2021 OTHER UPDATED TEXTBOOK CHOSEN BY THE STUDENT IT IS ESSENTIAL TO CONSULT AN UPDATED CODE (SUGGESTED: L. KALB, CODICE DI PROCEDURA PENALE, GIUFFRÈ LEF. EDITORE, LASTEST EDITION).

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	INIZIO DELLE ATTIVITÀ DIDATTICHE: MARZO 2024

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Felice Pier Carlo IOVINO | PROCEDURAL SYSTEM AND CORPORATE CRIMINAL LIABILITY