BUSINESS ORGANIZATION AND CRIMINAL PROCEDURE B

General Module

Course Sheet

Course code:

0386LB

Academic Year of enrolment:

2024

Year of supply:

2024/2025

Type of Course:

Characterising

Degree:

Course of 2nd Cycle Degree in LEGAL SCIENCES FOR INTERNATIONALISATION AND BUSINESS INNOVATION

Disciplinary Sector:

Criminal Procedural Law

Is part of:

BUSINESS ORGANIZATION AND CRIMINAL PROCEDURE

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

TRAPELLA FRANCESCO

Cycle:

First semester

Hours of classroom activity:

Individual study hours:

102

Prerequisites:

Good knowledge of the Constitutional principles on individual freedom, judiciary activity and freedom of enterprise.

Objectives

ACQUIRED KNOWELDGE – At the end of the course the student will have acquired a solid foundation in the principles and rules of criminal investigation, as well as an in-depth knowledge of the national legislation on the Criminal Corporate Liability, of the European and international cooperation instruments for the repression of the criminal activity attributable to the entity and of the prospects for combating the dangerousness of the entity.
ACQUIRED SKILLS – At the end of the course, the student will be able to use his knowledge according the interests of the entity, in order to avoid the criminal drift through the preparation of effective organizational models, respectful of the regulations.

Contents

After an overview of the principles and rules of the criminal proceeding, the course proposes the analysis of the tools aimed at preventing the criminal risk in business activities and the tools of ascertaining the entity’s liability for crimes. The analysis will be conducted both at the level of national rules and supranational structures.

Extended Syllabus

The course is divided into two modules of equivalent duration.
INTRODUCTION TO CRIMINAL PROCEDURE LAW (24 hours) – With primary reference to the entity involved in the investigation and trial of a criminal offence, principles and rules relating to criminal investigation will be outlined. The code of criminal procedure and the Legislative Decree of 8 June 2001, n. 231 will therefore be the subject of constant analysis and comparison.
The constitutional framework of criminal proceedings – Fair trial – Models (inquisitorial and accusatory) – The phases of criminal proceedings (10 hours).
The exploratory function of preliminary investigations – General principles in precautionary matters – Criminal action – The preliminary hearing (6 hours).
Alternative rites (2 hours).
The judgment (and, in particular, the cross examination) – General principles on appeals (6 hours).
Students are expected to attend criminal hearings before the Tribunal of Pescara and study one or more trial files.
CRIMINAL CORPORATE LIABILITY (24 hours) – Some issues specifically related to the liability of the entity (and the entrepreneur) for criminal facts will be explored, reconciling the national perspective with the European one.
The responsibility of entities in the European panorama - The PIF directive - The role of EPPO in the protection of the financial interests of the Union - EPPO and criminal investigation according to internal rules (6 hours).
The Italian solution: the crime committed in the interest and to the advantage of the entity - Organizational models and supervisory bodies – Sanctions and "restorative justice" tools (6 hours).
The fight against socially dangerous entities: sociological categories and legal remedies; prevention protection and use of the tools of the anti-mafia TU; the mafia enterprise (6 hours).
Specific problem areas: environmental protection and workplace safety (2 hours).
The social enterprise; the organization of prison work and the social cooperatives in prison (4 hours).

Recommended Bibliography

ATTENDING STUDENTS
INTRODUCTION TO CRIMINAL PROCEDURE LAW
1. M. CERESA GASTALDO, Procedura penale delle società, Giappichelli, Turin, 2023, pages 1-76, 129-157, 181-239 (chaps. I, II, IV only §§1-10, V only §§1-16).
2. Materials provided by the teacher.
CRIMINAL CORPORATE LIABILITY
1. Materials provided by the teacher.
NON-ATTENDING STUDENTS.
INTRODUCTION TO CRIMINAL PROCEDURE LAW
1. M. CERESA GASTALDO, Procedura penale delle società, Giappichelli, Turin, 2023 (about 250 pages).
CRIMINAL CORPORATE LIABILITY
1. E. TRAVERSA, I tre principali aspetti istituzionali dell’attività della Procura europea (EPPO): legge applicabile, rimedi giurisdizionali e conflitti di competenza, Archivio penale, 2019, 3, pages 1-72.
2. F. TRAPELLA, Il procedimento. Un’analisi di sistema, in F. GIUNCHEDI (ed.), Estinzione dei reati alimentari, Giappichelli, Turin, 2023, pages 81-119.
ERASMUS STUDENTS
1. M. CERESA GASTALDO, Procedura penale delle società, Giappichelli, Turin, 2023, pages 1-128 (chaps. I, II, III).
2. Readings indicated by the teacher for in-depth analysis of the Criminal Corporate Liability in the student’s Country of origin.

Teaching Methods

The teacher will alternate lectures with moments of greater involvement of the students; they will be called to develop their skills in solving real business problems, according to the PBL (problem based learning) method. The complementary between the lectures and the “learning by doing” will allow the student to acquire the expected knowledge and skills.

Evaluation methods

Verification of learning:

ATTENDING STUDENTS
1. Verification of attendance - The teacher will collect attendance signatures at each lesson. Anyone who has completed at least 80% of attendance (38 hours of lessons) will be considered to be attending.
2. Attending students will take the exam by undergoing all the following tests:
- A written test (two open-ended questions) at the end of the "Introduction to criminal procedural law" module, valid for 40% of the final grade.
- Project work: the student, dressed in the role of a corporate lawyer, will explain the lines of a possible organizational model for an entity whose characteristics (company object, internal organization, activities, etc.) will be described by the teacher (20% of the mark the final);
- An oral exam on the contents of the "Corporate Criminal Responsibility" module, valid for 40% of the final grade. The exam will consist of an interview on two topics, based on the questions and suggestions of the teacher, of progressive difficulty.
3. Evaluation of active participation - With the aim of making the evaluation constant and not episodic, the student's interaction with the class and with the teacher will be favorably evaluated, with an increase in the final score of up to 2 points, measured through spontaneous or solicited interventions during lessons and supplementary activities.
NON-ATTENDING STUDENTS AND ERASMUS STUDENTS
- Oral exam on the entire program. The exam will consist of an interview on two topics, based on the questions and suggestions of the teacher, of progressive difficulty.
ASSESSMENT CRITERIA FOR ALL TESTS (WRITTEN, ORAL OR PRACTICAL TESTS)
1. Knowledge of regulatory contents and rules; 2. Ability to synthesize, connect and orientate between the regulatory sources; 3. Knowledge, understanding and use of specific language.

Contacts/More Information

The teacher is available to support the students in the drafting of the thesis in Business organization and Criminal procedure. The student will have to analyse one or more problematic issues with the help of the jurisprudence and the literature.
Both during the exam and the thesis preparation, the knowledge of the rules and the student’s ability to orient himself among the sources will be verified.

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

Aree