ECONOMIC CRIMINAL LAW

Knowledge and understanding
The course aims at providing the students with advanced knowledge in economic criminal law and developing the ability of comprehension of the relevant academic literature. The first part of the course will be focused on the general concepts necessary for understanding the issues related to the corporate crime, with particular attention to the liability of legal persons. Then the structure of individual criminal offenses related to corporate criminal law, bankruptcy law, finance and tax law will be analysed.
Applying knowledge and understanding
The course aims at enabling students to analyse the different economic criminal phenomena, also through the study of relevant case law. It also aims at providing them with the ability to analyse the legal sources and their use for the proper solution of legal issues. Students will also acquire the necessary skills to understand the problems of the economic science affected by the criminal offenses aimed at punishing the criminal behavior that can be realized within the corporations and the market.

The course is based on taught lectures. Seminars and/or practice exercise with the active partiipation of the students will be organised during the course.

Should teaching be carried out in mixed mode or remotely, it may be necessary to introduce changes with respect to previous statements, in line with the programme planned and outlined in the Syllabus.

Learning assessment takes place through an oral final exam.

Learning assessment may also be carried out on line, should the conditions require it.

Economic criminal law: general principles. The subjects in economic criminal law. Individual criminal responsibility. The liability of legal persons for economic crimes.

Economic criminal law: the criminal offences. Corporate crimes: false accounting; obstacle to the exercise of the functions of the public supervisory authority; misconduct in relation to corporate assets; private bribery. Bankruptcy offences: general notions; the new Code of business crisis and insolvency; fraudulent bankruptcy; simple bankruptcy; the exemptions from bankruptcy offences; improper bankruptcy. Market abuses: general notions; insider dealing; market manipulation; double track system of sanctions and the ne bis in idem principle.

N. Mazzacuva - E. Amati, Diritto penale dell'economia, 4th Edition, Wolters Kluwer, Cedam, 2018, pages: 3-154; 165-259; 287-383.

A new edition of the textbook is available: N. Mazzacuva - E. Amati, Diritto penale dell'economia, 5^th edition, Wolters Kluwer, Cedam, 2020, pp. 3-179; 191-305; 335-398.

Notes:

- Students who have already bought the previous edition, can keep using it following all the indications provided above.

- Learning materials on the Code of business crisis and insolvency, specific topics discussed during classes and topics covered during seminars and/or practice exercise will be uploaded by the professor the on the Studium platform.

- Students shall be aware of the most recent law reforms concerning the topics covered by the course programme; therefore, when studying for the exam, students should consult an updated version of the legal provisions relevant to the course programme.