07535 - Employment Criminal Law

Learning outcomes

The course aims to learn the criminal protection of labor with specific reference to the criminal protection of safety, health, safety of workers. This area of criminal responsibility is becoming increasingly important; it is in fact an interesting laboratory to verify the maintenance of the fundamental categories of criminal imputation: crimes of damage and danger, guilt,, causality, identification of responsible parties, functions of the penalty. The course is therefore a particularly effective opportunity to deepen and apply the theoretical knowledge of criminal law already acquired, in a practical-application of great relevance and relevance.

Course contents

The course is ideally divided into several thematic modules

I General and systematic profiles: the source system; risk assessment

II The subjects the qualifications of employer, manager, manager, worker, etc.; the de facto exercise of managerial powers; the delegation of functions .

III Misdemeanors in the field of safety and hygiene at work, the extinguishing mechanisms .

IV  crimes of common danger; crimes of murder and injuries .

V. The liability of the collective entity.

The  "institutional" lessons will be accompanied by  "seminar" moments (held by the teacher, by collaborators or by specially invited teachers), dedicated to in-depth studies of individual institutes through the study of jurisprudential cases.

Readings/Bibliography

Castronuovo, Curi, Tordini Cagli, Torre, Valentini, Sicurezza sul lavoro: profili penali, Giappichelli, Torino, seconda ed., 2021.

Is excluded the part IV, except cap. XI "La gestione del rischio Covid"

For attending students see the details below

Teaching methods

Lectures of an institutional type will be accompanied by lessons of a case-law type (case-law) for the study of particularly representative case-law cases, possibly supplemented by seminars on topics relevant to the course program.
In addition to the manuals, it is planned to use in-depth teaching materials, in particular: national and supranational normative texts, judgments, essays and articles of doctrine.

The teacher will focus on the direct involvement of students during the lessons, soliciting active participation, through interventions and discussions but also in-depth studies and reports that will also be evaluated for the purposes of the examination program (see student programme)

Assessment methods

rofit exam will take place in oral form. The interview will focus on the topics indicated in the "Program and contents" section.

The evaluation of the test will be carried out taking into consideration:

knowledge of institutional profiles;

the ability to analyze the jurisprudential and doctrinal guidelines;

the ability to make connections between the different parts of the program;

the articulation and accuracy of the exposure

 

There are different ways of taking the exam for attending students and not.

For ATTENDING STUDENTS only, it is possible to give the oral exam in a preappello at the end of the course.

In addition, for attending students only, part of the program can be replaced by the development of in-depth analysis of jurisprudential cases, which will be agreed and assigned during the course, followed by the relative presentations (also in several hands) that will be held during the lesson hours.

By way of example, the following criteria will be used to assign the final mark (that will be out of 30/30):

· knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language à 18-19/30;

· knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;

· comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;

· extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.

Office hours

See the website of Silvia Tordini Cagli