0386LB - BUSINESS ORGANIZATION AND CRIMINAL PROCEDURE B

courses

ID:

0386LB

Duration (hours):

48

CFU:

SSD:

DIRITTO PROCESSUALE PENALE

Located in:

PESCARA

Url:

Course Details:

LEGAL SCIENCES FOR INTERNATIONALISATION AND BUSINESS INNOVATION/CORSO GENERICO Year: 1

Year:

2025

Course Catalogue:

https://unich.coursecatalogue.cineca.it/af/2025?co...

Date/time interval

Primo Semestre (07/10/2025 - 31/01/2026)

Course Objectives

MAIN KNOWLEDGE ACQUIRED – At the end of the course, the student will have acquired a solid understanding of the principles governing the ascertainment of criminally relevant facts committed by natural persons and/or in the interest or to the advantage of the entity. The student will also be familiar with the European law rules safeguarding the financial interests of the Union and will have gained a solid foundation on the prevention regulations applicable to economic actors.
MAIN SKILLS ACQUIRED – At the end of the course, the student will be able to place the acquired knowledge in an interdisciplinary perspective, with the aim of adapting the organization of the entity to the rules on the ascertainment of criminal liability. In this context, the student will be able to navigate criminal procedural law (Code of Criminal Procedure, Legislative Decree no. 231/2001, Anti-Mafia Consolidated Act, Union regulations), interpret it correctly with a critical approach, and research relevant case law in order to achieve the best resolution of practical cases.

Course Prerequisites

A solid knowledge of the Constitution, its structure, and principles is required. Familiarity with the principles of criminal law — acquirable, for example, in the Criminal Law course of SEGI or in the Elements of Penitentiary Law course within the Bachelor's degree in Sociology and Criminology — facilitates, but does not exclude, successful attendance of the course.The professor is, however, available to organize review and catch-up sessions based on students’ requests.

Teaching Methods

The professor will alternate traditional lectures with moments of greater student involvement, who will be called upon, according to the PBL (problem-based learning) method, to develop the skills acquired by solving real business problems. The complementarity between traditional lectures and learning by doing will allow students to acquire the necessary knowledge and develop the expected skills.For non-attending students, the professor is available, based on their requests, to organize collective study sessions, reviews, and in-depth discussions.

Assessment Methods

ATTENDING STUDENTS
1. A written test, accounting for 40% of the final grade, covering topics from the general part. Students will be given two questions to answer without length limits, within two hours.
2. An oral exam, accounting for 60% of the final grade, which includes: a) the discussion of a project work assigned by the professor during the lecture series. Specifically, the student, acting as a corporate lawyer, will outline a possible organizational model for an entity whose characteristics (business purpose, internal organization, activities, etc.) will be described by the professor; b) two questions of increasing difficulty on the contents of the special part of the syllabus.
The written exam is expected to take place within the first ten days of November 2025; the oral exam can be taken during the pre-exam session (December 2025, before the Christmas break) or in any official exam session, with the only requirement to complete the exam by July 2026 at the latest.
NON-ATTENDING STUDENTS
For non-attending students, the exam is oral: at least two questions of increasing difficulty covering the entire syllabus. If they wish, students can split the exam into two oral parts – the first on the general part, and the second on the special part – with the only requirement to complete the exam by July 2026 at the latest.
EVALUATION CRITERIA FOR ALL TESTS (WRITTEN AND ORAL) – Knowledge of the content; ability to summarize and connect ideas; knowledge, understanding, and use of specific terminology.

Texts

ATTENDING STUDENTS
1. For the general part, notes and materials distributed by the professor.
2. For the special part, notes and materials distributed by the professor. In addition, students are required to study F. FALATO, Azione penale europea e principi costituzionali, ESI, Naples, 2023 (only the third chapter, from p. 203 onwards – approximately 75 pages); E. BIRRITTERI, L’eccezionalismo italiano nella lotta al crimine organizzato: vantaggi, insidie e prospettive della prevenzione antimafia “cooperativa”, in Arch. pen. (web), 2025, 1 (29 pages). The essay is available open access on the journal’s website www.archiviopenale.it.
NON-ATTENDING STUDENTS
1. M. CERESA GASTALDO, Procedura penale delle società, Giappichelli, 5th ed., Turin, 2023, in full (about 250 pages).
2. F. FALATO, Azione penale europea e principi costituzionali, ESI, Naples, 2023 (only the third chapter, from p. 203 onwards – about 75 pages).
3. E. BIRRITTERI, L’eccezionalismo italiano nella lotta al crimine organizzato: vantaggi, insidie e prospettive della prevenzione antimafia “cooperativa”, in Arch. pen. (web), 2025, 1 (29 pages). The essay is available open access on the journal’s website www.archiviopenale.it.All students, regardless of attendance, are required to be familiar with the content of the legal texts.
Note: All students, regardless of attendance, must use an up-to-date text of the Code of Criminal Procedure, Legislative Decree no. 231 of June 8, 2001, and the European regulations covered in the course. For access to national legislation, students may use the Normattiva service, which is freely available online and via app.

The course aims to illustrate the regulations concerning the assessment of corporate criminal liability and the organizational remedies designed to prevent the consequences set out by the relevant legislation, particularly Legislative Decree no. 231 of June 8, 2001, but not limited to it.The first part of the course is intended to describe the structure of criminal proceedings and to compare it with the procedure for determining the liability of legal entities.The second part delves into specific topics related to economic criminal justice. This year, the focus will be on European regulations aimed at combating offenses that harm the financial interests of the Union (specifically, the PIF Directive and the EPPO Regulation), as well as the rules for applying preventive measures in cases of mafia infiltration into the economic sphere.

Course Language

Italian. Seminars or supplementary activities may be organized in English, with foreign professors and experts.

More information

The professor is available to supervise students in writing their master's thesis on Organizational Models and Corporate Liability. The student will be expected to address one or more critical issues of the subject, supported by case law and legal scholarship.
Both during the exam and throughout the thesis preparation, the student’s knowledge of the legal framework and ability to navigate the sources will be assessed.