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CORPORATE GOVERNANCE AND CRIMINAL JUSTICE

Gaspare DALIA CORPORATE GOVERNANCE AND CRIMINAL JUSTICE

0222100164
DEPARTMENT OF MANAGEMENT & INNOVATION SYSTEMS
EQF7
BUSINESS MANAGEMENT AND CONSULTING
2023/2024



YEAR OF DIDACTIC SYSTEM 2023
SPRING SEMESTER
CFUHOURSACTIVITY
530LESSONS
GASPARE DALIA T Curriculum
Objectives
TEACHING IS AIMED AT THE ANALYSIS OF THE MICRO-PROCEDURAL SYSTEM REGULATING THE CRIMINAL LIABILITY OF COMPANIES AND OTHER INSTITUTIONS CONSIDERED BY LEGISLATIVE DECREE NO. 231/2001. THE KNOWLEDGE OF PRINCIPLES AND RULES GOVERNING THE CORPORATIONS' CRIMINAL PROCEEDINGS REPRESENTS AN IMPORTANT STAGE IN THE TRAINING OF THE ECONOMIST, ASKED TO OPERATE IN LEGAL CONTEXTS IN WHICH THE ROLE ASSUMED BY COLLECTIVE SUBJECTS IS GROWING. THE OBJECTIVE IS, THEREFORE, TO PROVIDE THE CONCEPTUAL TOOLS THAT WILL ENABLE STUDENTS TO KNOW THE MAIN CATEGORIES OF THE SUBJECT, ACKNOWLEDGE THE PROBLEMATIC ASPECTS, ORIENT THEMSELVES WITH AWARENESS IN THE DOMESTIC AND SUPRANATIONAL DEBATE, PUT THE ACQUIRED KNOWLEDGE INTO PRACTICE, ELABORATE SOLUTIONS AND CONVEY THEM IN ORAL FORM, ALSO THROUGH AN APPROPRIATE COMPARATIVE APPROACH
Prerequisites
NONE
Contents
THE APPROACH TO THE SUBJECT WILL BE LEAD THROUGH CONSTITUTIONAL AND SUPRANATIONAL GUARANTEES THAT INFORM THE LEGISLATIVE DECREE NO. 231/2001. STARTING FROM A THEORETICAL AND REGULATORY POINT OF VIEW, OF THE MODELS OF RESPONSIBILITY OF THE COMPANIES WILL BE THE PREMISE FOR DISTINGUISH RECIPIENTS OF THE DISCIPLINE, PRESUPPOSED CRIMES, THE SANCTIONING APPARATUS AND CRITERIA OF INCRIMINATION. THE RELATIONSHIPS BETWEEN COMPANY ACCOUNTABILITY AND JURISDICTION WILL BE EXAMINED, IN PARTICULAR TO RECONSTRUCT DEFENSIVE RIGHTS AND PRECAUTIONARY INSTRUMENTS. IN DETAIL, SUBJECT OF THE PROGRAM ARE THE FOLLOWING THEMES:
- FUNDAMENTAL PRINCIPLES AND REGULATORY SOURCES OF CRIMINAL JUSTICE OF COMPANIES;
- THE DISPUTE OVER THE LEGAL NATURE OF THE LIABILITY OF INSTITUTIONS: THEORETICAL GUIDELINES AND PRACTICAL IMPLICATIONS;
- JURISDICTION: COMPETENCES AND POWERS OF INVESTIGATION; EVIDENCE AND RULES OF INVESTIGATION; THE PROPER CRIMINAL PROCESS;
- PROCEDURAL STATUTE OF THE INSTITUTION: PARTICIPATORY MECHANISMS, DEFENSIVE GUARANTEES, POWERS AND BURDENS OF PROOF;
- THE CONCEPT OF CRIMINAL SANCTION AND CONSEQUENT RULES TO ESTABLISH THE CRIME;
- ACTION: WHO ACTIVATES THE PROCESS TO APPLY THE SANCTION; THE INVESTIGATIVE PHASE;
- PRECAUTIONARY ACTION: DISQUALIFICATION MEASURES; PERSONAL AND REAL PRECAUTIONARY MEASURES;
- SPECIAL PROCEEDINGS: THE PROCEDURAL ALTERNATIVE IN THE SYSTEM OF THE RESPONSIBILITY OF INSTITUTIONS;
- THE ADMINISTRATIVE SANCTION DEPENDENT ON A CRIME: VALUE AND CONSEQUENCES OF THE JUDGMENT IN THE ENFORCEMENT PHASE;
- THE PROCEDURE FOR THE EXECUTION OF PECUNIARY SANCTIONS; THE EXECUTION OF DISQUALIFICATION SANCTIONS; THE CONVERSION OF DISQUALIFICATION SANCTIONS;
- THE CONFISCATION OF PROFIT;
- THE CONSEQUENCES OF THE CRIMINAL SANCTION: THE ENTRY IN THE CRIMINAL RECORD AND THE TWO REGISTRY OFFICES RELATING TO ADMINISTRATIVE OFFENSES DEPENDENT ON CRIME;
- THE REGISTER OF SANCTIONS AND THE REGISTER OF PENDING LOADS;
- NE BIS IN IDEM SANCTIONING SYSTEM
Teaching Methods
THE TEACHING WILL BE ORGANIZED, MAINLY, IN FRONTAL LESSONS (35 HOURS), BUT ADEQUATE SPACE WILL BE RESERVED FOR THE STUDY OF JURISPRUDENTIAL MATERIALS AND EXERCISES (5 HOURS). IN THE FRONTAL LESSONS, THE METHOD OF DEBATE WILL BE PRIVILEGED, ENCOURAGING THE ACTIVE PARTICIPATION OF STUDENTS, IN ORDER TO PROMOTE THEIR SKILLS OF UNDERSTANDING, CRITICAL ANALYSIS AND EXPOSURE. REASONING AND ARGUMENTATION WILL BE STIMULATED BY IDENTIFYING APPLICATION PRACTICES THAT POSSIBLY AMPLIFY, FOR CREATIVE-EVOLUTIONARY INTERPRETATION, THE PURPOSE OF OPERATION OF PROCEDURAL PRECEPTS, CREATING COGNITIVE-RESTRUCTIVE SPACES WORTHY OF DEEPENING AND EVALUATION. THE EXAMINATION OF CONCRETE CASES WILL ALLOW LEARNERS TO DEVELOP THE ABILITY TO PUT INTO PRACTICE THE KNOWLEDGE ACQUIRED, DEVELOP SOLUTIONS AND CONVEY THEM IN ORAL AND WRITTEN FORM.
THE TECHNIQUE WILL BE BASED ESSENTIALLY ON THE IDENTIFICATION OF THE REFERENCE SOURCES FOR EACH INSTITUTE THAT, STARTING FROM THEORETICAL IDEAS, APPROACHED TO THE ANALYSIS OF PRACTICAL CASES ACCORDING TO THE METHOD OF LAW CLINICS.
Verification of learning
THE LEARNING IS VERIFIED WITH AN ORAL EXAM ON TO THE TEACHING PROGRAM TO ALLOW THE STUDENT TO DEMONSTRATE THE ACQUISITION OF A CRITICAL, ANALYTICAL AND SYSTEMATIC METHOD ABOUT THE NORMATIVE DATA. IN ORDER TO VERIFY THE DEGREE OF KNOWLEDGE AND UNDERSTANDING, THE EXAM WILL ALSO MAKE IT POSSIBLE TO ASSESS THE ABILITY TO SOLVE A LEGAL CASE AND TO DEVELOP A CONTEXT ANALYSIS OF COMPANY GOVERNANCE. SPECIFICALLY, IT IS ASKED TO DEMONSTRATE KNOWLEDGE OF THE FUNDAMENTALS OF THE SUBJECT AND TO SHOW THE ABILITY TO ARGUE ADEQUATELY, COMPARING DIFFERENT POSITIONS. THE FINAL ASSESSMENT IS EXPRESSED THROUGH A NUMERICAL GRADE THAT SUMMARIZES THE LEVEL OF DEPTH AND CRITICAL ABILITY ACHIEVED BY THE STUDENT.
Texts
M. CERESA GASTALDO, PROCEDURA PENALE DELLE SOCIETÀ, 2021
More Information
HOW TO GRADE THE VOTE:
18-21: THE STUDENT ACQUIRED THE BASIC CONCEPTS OF THE DISCIPLINE;
22-25: THE STUDENT ACQUIRED THE BASIC CONCEPTS OF THE DISCIPLINE AND THE ABILITY TO LINK BETWEEN THE DIFFERENT INSTITUTIONS, WITH APPROPRIATE AND CORRECT LANGUAGE;
26-29: THE STUDENT DEMONSTRATES A COMPLETE AND WELL-STRUCTURED KNOWLEDGE OF THE SUBJECT; DEMONSTRATES THE ABILITY TO INDEPENDENTLY REWORK THE ACQUIRED KNOWLEDGE AND ALSO SHOWS THE ABILITY TO ANALYZE WITH APPROPRIATE AND PUNCTUAL LANGUAGE.
30 - 30 AND PRAISE: THE STUDENT DEMONSTRATES A COMPLETE AND IN-DEPTH SET OF KNOWLEDGE; EXCELLENT ABILITY TO ANALYZE APPLICATION PROBLEMS, ACCOMPANIED BY THE USE OF EXEMPLARY LEGAL LANGUAGE.
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