law

During the lectures, the main offences related to economic criminal law will be examined. Special attention will be given to corporate crimes, bankruptcy offences, and criminal violations in the area of market abuse. The analysis of the incriminated offences in economic criminal law will not only focus on the study of the constituent elements of the crimes, but will also place particular emphasis on examining case law concerning the most important and recent judicial decisions. Accordingly, the main rulings of supranational courts, the Court of Cassation, as well as lower courts, will be discussed in class in order to illustrate in a more concrete and dynamic way the criminal offences relevant to this field. Unit 1: General Notions (12 hours) 1.Introduction to economic criminal law 2.Protection of functions 3.Subjects and de facto administrators 4.Corporate liability Unit 2: Corporate Crimes (18 hours) 5. Corporate crimes 6. Accounting fraud 7. Obstruction of supervisory functions 8. Prevented control Unit 3: Offences Related to Corporate Crisis (24 hours) 9. Bankruptcy offences in general 10. Corporate crisis code 11. Fraudulent bankruptcy 12. Simple bankruptcy 13. Corporate bankruptcy 14. False certification 15. Bankruptcy and preventive composition (concordato preventivo) Unit 4: Market Abuse (18 hours) 16. Market abuse in general 17. Definition of privileged information 18. Insider trading and types of insiders 19. Market manipulation 20. Recent developments in market abuse 21. Exemptions; administrative offences; ne bis in idem principle

It is mandatory to have passed Criminal Law I exam

M. Gambardella, Condotte economiche e responsabilità penale, II edition, Giappichelli, 2020 (5th and last part excluded)

Attendance is recommended but not compulsory

The examination consists of a single test and is conducted orally. In order to achieve a passing grade (18/30), the student must firstly demonstrate knowledge of the general principles of economic criminal law; secondly, the examinee must set out knowledge of the individual elements that constitute the offences covered by the subject: corporate offences, bankruptcy offences and the code of business crisis, market abuse. In order to attain a higher mark, the student must also demonstrate that he/she has acquired the method of legal argumentation, expressing himself/herself with adequate and correct language property. The test is considered to have been passed with top marks (30/30 cum laude) if the examinee shows particular ability to study in depth the new offences in the field of criminal law of the economy and to logically and coherently link the various institutes. For incoming international mobility students, it is mandatory to take the exam in Italian on the program required for all students.

ALESSANDRI A., Profili penali delle procedure concorsuali, Giuffrè, 2016 PEDRAZZI C., Reati fallimentari, in Diritto penale, vol. IV, Scritti di diritto penale dell’economia, Giuffrè, 2003 SGUBBI F. - FONDAROLI D. - TRIPODI A., Diritto penale del mercato finanziario, Cedam, 2013

The lessons take place in the presence of the students. During the lessons, the principles and categories of criminal law of economics are addressed, also in the light of the most recent case law, in order to enable the student to link the theoretical part also to the practical application.