2. Professors
  3. CIMADOMO Donatello
  4. Teaching

PROCEDURAL SYSTEM AND CORPORATE CRIMINAL LIABILITY

Donatello CIMADOMO PROCEDURAL SYSTEM AND CORPORATE CRIMINAL LIABILITY

0112100018
DEPARTMENT OF LAW
EQF6
BUSINESS AND NEW TECHNOLOGIES LAWYER
2024/2025

OBBLIGATORIO
YEAR OF COURSE 3
YEAR OF DIDACTIC SYSTEM 2020
SPRING SEMESTER
CFUHOURSACTIVITY
742LESSONS
ANGELO ALESSANDRO SAMMARCO T Curriculum
DONATELLO CIMADOMO Curriculum
FELICE PIER CARLO IOVINO Curriculum
ExamDate
SISTEMA PROCESSUALE E RESPONSABILITÀ DA13/01/2025 - 09:00
SISTEMA PROCESSUALE E RESPONSABILITÀ DA03/02/2025 - 09:00
SISTEMA PROCESSUALE E RESPONSABILITÀ DA17/02/2025 - 09:00
Objectives
GENERAL OBJECTIVE OF THE COURSE IS TO TRAIN JURISTS, OPERATING IN THE MARKET AND BUSINESS SECTOR, WITH SPECIFIC SKILLS IN THE PROCEDURAL-CRIMINAL SECTOR, CAPABLE OF ESTABLISHING PROTOCOLS INTENDED NOT ONLY FOR THE USE OF INTERNAL DEFENSE TOOLS, BUT ALSO FOR PROVIDE USEFUL INFORMATION REGARDING CORPORATE CRIMINAL RISK AND ITS PREVENTION WITH MANAGEMENT ORGANIZATION MODELS. TO THIS END, THE NECESSARY TOOLS WILL BE IDENTIFIED FOR A FRUITFUL DIALOGUE WITH THE LEGITIMATED JUDICIAL AUTHORITY AND WITH ALL THE PROFESSIONALS WHO INTERVENE DURING THE CRIMINAL PROCEEDINGS, IN PARTICULAR THE TRUSTED DEFENDER, THE TECHNICAL CONSULTANT AS WELL AS THE ACCOUNTING EXPERT, AS PROFESSIONAL IN A NECESSARY PERSPECTIVE WITHIN THE COMPANY ORGANIZATION ACCORDING TO SUPRANATIONAL SOURCES.
KNOWLEDGE AND UNDERSTANDING
: THE STUDENT:
- WILL KNOW THE DISCIPLINARY FOUNDATIONS OF THE CRIMINAL PROCESS
- WILL UNDERSTAND THE USEFULNESS OF PREPARING USEFUL PROTOCOLS TO PREVENT BUSINESS CRIMINAL RISK
-WILL BE ABLE TO EVALUATE THE OPPORTUNITY TO RELY ON A TRUSTED LAWYER, TECHNICAL CONSULTANT AND/OR ACCOUNTANT.

ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING THE STUDENT WILL BE ABLE TO:
- LIAISE WITH YOUR TRUSTED DEFENDER, CONSULTANT AND/OR ACCOUNTANT FOR
- EXAMINE THE SITUATION OF THE COMPANY
- DEVELOP DEFENSE PROTOCOLS
- RESOLVE BUSINESS CRIMINAL RISKS IN ADVANCE
AUTONOMY OF JUDGEMENT
THE STUDENT WILL BE ABLE TO:
- EVALUATE THE MOST SUITABLE CHOICES IN TERMS OF CORPORATE PROTECTION
- DISCERN THE MOST CORRECT PATHS FOR THE ORGANIZATION AND MANAGEMENT OF THE COMPANY
- SELECT THE OBJECTIVES TO BE ACHIEVED
COMMUNICATION SKILLS THE STUDENT WILL BE ABLE TO COMMUNICATE WITH DEFENDERS AND TECHNICAL CONSULTANTS, CORRECTLY REPRESENTING THE CRITICAL ISSUES OF THE COMPANY
LEARNING ABILITY
THE STUDENT WILL BE ABLE TO UPDATE THEIR LEGAL KNOWLEDGE FOLLOWING REGULATORY EVOLUTION
Prerequisites
NOBODY.
MAY BE 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.
Teaching Methods
THE COURSE CONSISTS OF 42 HOURS OF LECTURES AND SEMINAR ACTIVITIES. THE COURSE IS DESIGNED FOR STUDENTS WHO ATTEND REGULARLY. STUDENTS WHO CANNOT ATTEND WILL BE ABLE TO REQUEST THE TEACHERS FOR EXPLANATIONS AND CLARIFICATIONS.
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, GIAPPICHELLI, LASTEST EDITION
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).
More Information
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Lessons Timetable

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