71858 - Criminal Business Law (6 Ects)

Course Unit Page

Academic Year 2021/2022

Learning outcomes

The aim of the course is to provide knowledge on the main aspects of criminal law applicable to business activity, with particular reference to the disciplines of bankruptcy, corporation and tax law. At the end of the course the student is able to: - discern the issues related to the identification of the criminally responsible persons; - to identify the possible criminal relevance of behavior committed in the business activity; - evaluate any profiles of criminal liability of the professional.

Course contents

▪ Constitutional Principles in Criminal Matters (Statements)
▪ The general discipline of the offense (notes)
▪ Concept and content of company law.
▪ Identification of the criminally responsible persons within the company.
▪ The discipline of the transfer and / or delegation of functions.
▪ The new discipline on corporate responsibility.
▪ Analysis of the main bankruptcy offenses.
▪ Analysis of the main corporate crimes
▪ Analysis of major tax offenses.

Readings/Bibliography

For the notions of general criminal law

- G. NEPPI MODONA - D. PETRINI - B. GIORS, Diritto penale e servizio sociale, 2° Ed., Giappichelli, 2021, pagg. 1-97;

or as an alternative:

- M. PELISSERO, Diritto penale. Appunti di parte generale, Giappichelli, 2021

For the study of the crimes indicated in the program:

- N. MAZZACUVA - E. AMATI, Diritto penale dell'economia, 5° Ed., Cedam, 2020, pagg. 1-332;

and

- Relazione dell'Ufficio del Massimario della Corte di Cassazione sulla riforma dei reati tributari n. III/05/2015 (Vice Direttore dott. Fidelbo), in http://www.cortedicassazione.it/cassazione-resources/resources/cms/documents/RelIII515.pdf

Before the beginning of the lessons, any supplementary and / or substitute texts will be indicated on topics that have been subject to recent regulatory changes

Teaching methods

Illustration of the main themes of the program, with example analysis of cases

Assessment methods

The examination will take place in oral form, verifying some of the topics planned

Teaching tools

The main regulatory texts will be provided.
However, it is essential to have an updated criminal code (with supplementary legislation), which must be kept available during the lessons.

Office hours

See the website of Alessandro Melchionda