Ateneo - UPO

Analysis of the legal framework governing corporate criminal liability and its main critical issues; discussion of case studies; insights into comparative law; conducting workshops and trial simulations.

ATTENDING STUDENTS
Students who attend the course regularly and consistently may prepare for the exam using their lecture notes and the doctrinal and case law materials examined and discussed during the course.
NON-ATTENDING STUDENTS
Non-attending students are required to study the following text, limited to the specified sections:
1. G. Lattanzi - P. Severino (a cura di), Responsabilità da reato degli enti, Volume I, Diritto sostanziale, Giappichelli, Torino, 2021 (Parte prima, Capitoli I e II; Parte seconda, Capitoli I, II, III, IV, V; Parte terza, Capitolo I).
In addition, the exam syllabus includes the following materials:
2. C. Cass., Sez. VI pen., 11 novembre 2021 (dep. 15 giugno 2022), n. 23401, in Sist. pen. (online), 20 giugno 2022;
3. C. Piergallini, Una sentenza “modello” della Cassazione pone fine all’estenuante vicenda “Impregilo”, in Sist. pen. (online), 27 giugno 2022;
4. C. E. Paliero, Colpa penale e colpa di organizzazione: analogie, epifanie e dissolvenze, in Cass. pen., 2023, p. 3346 ss.

The course aims to provide a comprehensive examination of corporate criminal liability. It is designed to equip students with essential knowledge, whether they intend to pursue traditional legal professions or judicial careers, or other legal roles requiring familiarity with the system of offenses, penalties, and new forms criminal responsibility. At the same time, the course fosters the acquisition of the terminology and methodology specific to this field.

The successful completion of Constitutional Law, Private Law Institutions, and Criminal Law (General Part) exams is required.

Lectures, supplementary activities, workshops, in-depth roundtables, and trial simulations.

Lectures will be supplemented with criminal law workshops aimed at preparing a trial simulation.

Oral examination

Main Content Areas
 The origins of corporate criminal liability: risk society and corporate crime prevention.
 Introduction of Legislative Decree No. 231/2001: Rationale and legitimacy.
 Socio-criminological aspects of corporate crime.
 The "historical" constitutional obstacles to the introduction of corporate criminal liability and the solutions adopted by the legislator.
 Legal Framework of Legislative Decree No. 231/2001
 Scope of Application: Subjective scope and entities covered by Legislative Decree No. 231/2001. Critical issues and future perspectives.
 Predicate Offenses: Evolution and key challenges.
 The Issue of the Crimes of Negligence: Judicial interpretations and approaches.
 Article 5 and Attribution Criteria: The concepts of "interest" and "advantage" in judicial application.
 Articles 6 and 7: Analysis of compliance and governance frameworks.
 Validation of Organizational Models: Challenges and recent case law developments.
 Corporate Criminal Liability: Definition, challenges, and interpretation in Supreme Court rulings.
 Autonomy of Corporate Criminal Liability: Article 8 and its implications.
 Sanctions: Rationale and analysis of individual sanctions.
 Reward Measures: The need for broader reward measures, critical issues, and reform perspectives.

 Understanding the legal framework of Corporate Criminal Liability as outlined in Legislative Decree No. 231/2001.
 Identifying and analyzing the main critical issues related to this legal framework.
 Examining the concept of Corporate Criminal Liability and its consistency with Criminal Negligence.
 Studying the most relevant case law developments by analyzing practical cases.
 Gaining insights into comparative law aspects of Corporate Criminal Liability.