Gaspare DALIA | CORPORATE CRIMINAL JUSTICE
Gaspare DALIA CORPORATE CRIMINAL JUSTICE
cod. 0222100180
CORPORATE CRIMINAL JUSTICE
| 0222100180 | |
| DEPARTMENT OF MANAGEMENT & INNOVATION SYSTEMS | |
| EQF7 | |
| BUSINESS MANAGEMENT AND CONSULTING | |
| 2024/2025 |
| YEAR OF COURSE 1 | |
| YEAR OF DIDACTIC SYSTEM 2023 | |
| SPRING SEMESTER |
| SSD | CFU | HOURS | ACTIVITY | |
|---|---|---|---|---|
| IUS/16 | 5 | 30 | LESSONS |
| Exam | Date | Session | |
|---|---|---|---|
| DALIA | 17/12/2024 - 16:00 | SESSIONE ORDINARIA | |
| DALIA | 17/12/2024 - 16:00 | SESSIONE DI RECUPERO |
| Objectives | |
|---|---|
| THE KNOWLEDGE OF PRINCIPLES AND RULES THAT GOVERN THE CRIMINAL PROCEDURE OF COMPANIES REPRESENTS AN IMPORTANT STAGE IN THE TRAINING OF THE ECONOMIST, CALLED TO WORK IN LEGAL CONTEXTS IN WHICH THE ROLE ASSUMED BY COLLECTIVE ENTITIES IS GROWING. THE COURSE IS THEREFORE AIMED AT THE ANALYSIS OF THE PROCEDURAL MICRO-SYSTEM REGULATING THE CRIME LIABILITY OF COMPANIES AND OTHER ENTITIES CONSIDERED BY THE LEGISLATIVE DECREE. NO. 231/2001. THE OBJECTIVE IS, THEREFORE, TO PROVIDE THE CONCEPTUAL TOOLS THAT ALLOW YOU TO MASTER THE MAIN CATEGORIES OF THE MATTER, UNDERSTAND THE PROBLEMATIC ASPECTS, ORIENT WITH AWARENESS IN THE INTERNAL AND SUPERNATIONAL DEBATE, PUT THE ACQUIRED KNOWLEDGE INTO PRACTICE, ELAB ORDER SOLUTIONS AND CONVEY THEM IN ORAL FORM, EVEN THROUGH A COMPARATISTIC CUT. |
| Prerequisites | |
|---|---|
| NONE |
| Contents | |
|---|---|
| THE APPROACH TO THE MATTER WILL BE CONDUCTED THROUGH THE STUDY OF THE CONSTITUTIONAL AND SUPRANNATIONAL GUARANTEES THAT INFORM THE LEGISLATIVE DECREE. NO. 231/2001. THE EXAMINATION, FROM A THEORETICAL AND REGULATORY PROFILE, OF THE RESPONSIBILITY MODELS OF THE INSTITUTIONS WILL CONSTITUTE THE PREMISE FOR DISCERNING RECIPIENTS OF THE DISCIPLINE, PRECISE OFFENSES, SANCTIONS AND CHARGE CRITERIA. THE RELATIONSHIPS BETWEEN ENTITIES' RESPONSIBILITIES AND JURISDICTION WILL BE EXAMINED, IN PARTICULAR TO RECONSTRUCTE DEFENSIVE RIGHTS AND PRECAUTIONARY TOOLS. THE SUBJECT OF THE PROGRAM ARE, IN DETAIL, THE FOLLOWING TOPICS: - FUNDAMENTAL PRINCIPLES AND REGULATORY SOURCES OF THE CRIMINAL JUSTICE OF INSTITUTIONS (3 HOURS); - THE DISPUTE ON THE LEGAL NATURE OF ENTITIES' LIABILITY: THEORETICAL ORIENTATIONS AND PRACTICAL IMPLICATIONS (2 HOURS); - JURISDICTION: COMPETENCES AND POWERS OF ASSESSMENT; TEST AND ASSESSMENT RULES; THE FAIR CRIMINAL TRIAL (4 HOURS); - PROCEDURAL STATUTE OF THE ORGANIZATION: PARTICIPATORY MECHANISMS, DEFENSIVE GUARANTEES, POWERS AND PROBATIVE BURDENS (2 HOURS); - THE CONCEPT OF CRIMINAL SANCTION AND CONSEQUENT RULES FOR DETERMINING THE CRIME (2 HOURS); - ACTION: WHO ACTIVATES THE PROCESS TO APPLY THE SANCTION; THE INVESTIGATIVE PHASE (2 HOURS); - PRECAUTIONARY ACTION: INTERDICTIVE MEASURES; PERSONAL AND REAL PRECAUTIONARY MEASURES (2 HOURS); - SPECIAL PROCEDURES: THE PROCEDURAL ALTERNATIVE IN THE SYSTEM OF ENTITIES' LIABILITY (2 HOURS); - THE ADMINISTRATIVE SANCTION DEPENDING ON THE CRIME: VALUE AND CONSEQUENCES OF THE JUDGMENT IN THE EXECUTION PHASE (2 HOURS); - THE PROCEDURE FOR THE EXECUTION OF FINANCIAL SANCTIONS; THE EXECUTION OF INTERDICTIVE SANCTIONS; THE CONVERSION OF INTERDICTIVE SANCTIONS (2 HOURS); - THE CONFISCATION OF PROFIT (2 HOURS); - THE CONSEQUENCES OF THE CRIMINAL SANCTION: REGISTRATION IN THE CRIMINAL RECORD AND THE TWO REGISTRY OFFICES RELATING TO ADMINISTRATIVE OFFENSES DEPENDING ON CRIME (2 HOURS); - THE REGISTER OF SANCTIONS AND THE REGISTER OF PENDING CHARGES (1 HOUR); - THE NE BIS IN IDEM SANCTION (2 HOURS) |
| Teaching Methods | |
|---|---|
| THE TEACHING WILL BE ORGANIZED, MAINLY, IN FRONTAL LESSONS (25 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 | |
|---|---|
| LEARNING IS VERIFIED WITH AN ORAL EXAM TEST THROUGH QUESTIONS CONCERNING THE TEACHING PROGRAM. THE CHOICE OF THE ASSESSMENT METHOD THROUGH AN ORAL TEST IS AIMED AT EVALUATING THE OPERATIONAL SKILLS IN THE STUDY OF A VERY TRANSVERSAL DISCIPLINE, IN ORDER TO DEEPEN THE LEVEL OF THEORETICAL KNOWLEDGE, THE AUTONOMY OF ANALYSIS AND JUDGMENT, AS WELL AS THE STUDENT'S PRESENTATION SKILLS . THE EVALUATION OF THE TESTS TAKES INTO ACCOUNT THE ABILITY TO IDENTIFY THE MOST APPROPRIATE METHODS OF ANALYSIS, THE ABILITY TO CLEARLY AND CONCISELY EXPLAIN THE OBJECTIVES, THE PROCEDURE AND THE RESULTS OF THE CALCULATIONS CARRIED OUT, AS WELL AS THE ABILITY TO DELVE DEEPER INTO THE TOPICS COVERED USING MATERIALS OTHER THAN THOSE PROPOSED, SUCH AS TO ALLOW THE STUDENT TO DEMONSTRATE THE ACQUISITION OF A CRITICAL, ANALYTICAL AND SYSTEMATIC METHOD IN THE FACE OF REGULATORY DATA. IN ORDER TO VERIFY THE DEGREE OF KNOWLEDGE AND UNDERSTANDING, THE EXAM WILL ALSO ALLOW YOU TO ASSESS THE ABILITY TO RESOLVE A LEGAL CASE AND TO DEVELOP A CONTEXT ANALYSIS OF CORPORATE GOVERNANCE. SPECIFICALLY, YOU ARE ASKED TO PROVIDE YOUR KNOWLEDGE OF THE FUNDAMENTAL NOTIONS OF THE MATTER AND TO SHOW THE ABILITY TO ARGUMENT ADEQUATELY, COMPARING DIFFERENT POSITIONS. THE FINAL ASSESSMENT IS EXPRESSED THROUGH A NUMERICAL MARK WHICH SUMMARIZES THE LEVEL OF IN-DEPTH AND CRITICAL ABILITY REACHED BY THE STUDENT. |
| Texts | |
|---|---|
| M. CERESA GASTALDO, PROCEDURA PENALE DELLE SOCIETÀ, GIAPPICHELLI, 2023 M. IMBRENDA-VITOLO, MANUALE DI DIRITTO COMMERCIALE, CEDAM 2024 |
| 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. |
BETA VERSION Data source ESSE3 [Ultima Sincronizzazione: 2024-11-18]
