Università Roma Tre

The course aims to give students appropriate skills to deal with several situations in which criminal proceedings could impact enterprises’ activity. Students will focus on fundamental notions and basic concepts of Criminal law and procedure, especially those ones which are mostly involved in economic activities. The examination of different topics concerning Crimanal law and procedure will be made in the light of some aspects of contemporary happenings, which are deeply changing legal systems and economics: namely the ‘Europeanization’ and/or the ‘internationalization’ of Criminal systems and the increasing digitization of individual, social and economic experiences.
Huge space will be dedicated to managing the so called ‘criminal risk’ in carrying out business activity. Especially, the course will be divided into the following areas of interest:
- Criminal law and Administrative punitive Law concerning Business Activities: the so-called 'dual punitive track' in the light of case law of the European Courts (Court of Justice and European Court of Human Rights).
- General outlines of Corporate criminal liability according to d. lgs. June 8th 2001 no. 231. This part of the course will focus on Compliance models aimed to prevent crimes according to d. lgs. June 8th 2001 no. 231.
- General outlines of Corporate criminal procedure according to d. lgs. June 8th 2001 no. 231. This part of the course will focus on the role of 'person under investigation' or 'defendant' that the company may take on and will deal with organizational repercussions involved in being subject to criminal proceedings, with a view to ensuring in terms of effectiveness the exercise of defendants’ rights.
- The four different perspectives of entrerprises in relation to criminal system, depending on the role of the same enterprise: victim, entity under investigation or defendant, focus of investigation, place in which convicted people on probation could resocialize.