Criminal Economic Law (2015/2016)

Learning outcomes

The course is divided in two main parts, which reflect the particular importance of the Economic criminal law in the modern social and economic life.
1). The first part will focus on the crimes against the public economy, provided for the Title VIII of the Italian Penal Code, with special regard to: 1) the crimes against the “national economy”; 2) crimes concerning some forms of illegal strike and lockout; 3) trade crimes and offences against the market competition, the intellectual property and the rights of consumers.
2). The second part will focus on the corporate criminal liability (d. lgs. 231/2001), with special regard to the function of the compliance programs, the nature of the corporate liability for criminal offences, the crimes of false corporate communications, the crimes of infidelity,
Market abuse and insider trading.

The course is divided in the two following didactic units:
1). General introduction to the Economic criminal law: corporate crime, white collar crimes, economic crimes;
- Crimes against the national economy: the meaning of “national economy” and the protected legal interests; crimes of strike and lockout; Market abuse, illegal competition, commercial fraud, stock manipulation,
2). Introduction to the corporate liability (d.lgs. 231/2001); the nature of the corporate liability, the perpetrators,
- corporate crimes, crimes of false corporate communications, crimes of infidelity,
Market abuse and insider trading.
- Criminal bankruptcy
- The protection of the workers´ health in the Penal Code; the crimes against the workers´ health, crimes concerning the workers´ security (art. 437, 451, 589, 590 c.p.); corporate liability and occupational injuries

Recommended books
I. For the first part: FIANDACA – MUSCO, Diritto penale. Parte speciale - Vol. 1, Zanichelli, Bologna, 5^ed., 2012, chapter 8, p. 633-686.
II. For the second part: ALESSANDRI, Diritto penale e attività economiche, Il Mulino, 2010

The exam is oral.
Variations of the program can also be arranged with the professors for the study of specific topics of interest of the candidate.

STUDENT MODULE EVALUATION - 2015/2016