ADMINISTRATIVE CRIMINAL LAW
1. The student must be able to understand differences and similarities between criminal and administrative offense, acquiring a superior gender concept, such as that of "public law offenses", and modulation within it different principles and institutions that characterize it.
2. The student must be able to apply the basic knowledge acquired in the context of particular regulatory areas relevant to the company's reality, in which he must demonstrate how to distinguish between the various forms of illicit envisaged by the legislation and to be able to apply coherently the relevant discipline of reference. This capacity is developed through a continuous reference to what has been gained in the study of the general institutes and the reading of the specific regulatory sources under analysis.
3. At the end of the course, the student must have acquired the ability to conceive and support legal arguments in relation to the analysis of the different types of public law offense and to be able to critically evaluate normative, jurisprudential and doctrinal texts on the subject. Judicial autonomy is developed during the course through frontal lessons that constantly seek interaction between learner and student, who are stimulated to ask questions, ask for clarifications, and address even more issues than those contained in the teaching program , And which can be taken from news stories or even from personal experiences.
4. Students will have to acquire specific communicative abilities, knowing how to use a technical language that allows them to talk with, professional and non-professional figures. This capacity will be developed through the particular attention that will be placed on the use of precise and rigorously terms
5. The course aims not only to provide students with a wealth of knowledge that will enable them to knowingly orient themselves in the examination and distinction of the various punitive models existing, but also to acquire them a capacity to read and understand the future scenarios of law. That it allows them to constantly upgrade their skills and knowledge and to be versatile with respect to the muteness of the legislative policies implemented from time to time. This specific capacity will be developed not only by paying particular attention to the study of the fundamental principles and historical constants of punitive law, but also by providing them with information on how to search for sources and normative and jurisprudential texts, in particular by stimulating them to use the legal databases and the computer media.
a) General section: "THE DECRIMINALIZATION AND GUARANTEES OF THE ADMINISTRATIVE-DECRIMINALISED OFFENSE": 1. From the " publicisation of rights" to the needs of decriminalisation. 2. General considerations on the decriminalisation. 2.1 . Comparative Analysis: the solutions of the German law and French law. 2.2 . Historical Analysis: The previous in Italian legislation. 3. The existing discipline: the law N. 689/1981 (articles. 1-43) and the subsequent laws of decriminalisation. 4. Penal offense, administrative offense, offense of public law. 5. The "system" of the administrative offenses. 5.1 . The guarantees of the system.
b) Special section: "THE PENALTIES FOR THE BUSINESS CRIMINALITY": 1. The penalties of antitrust legislation: origins and evolution. 2. The responsibility “from offense" of entities and legal persons.
In the actual national and international normative assets, the system of the public offences combines the classical penal crimes with other offences of administrative nature. Administrative offences and crimes become, this way, the two alternative tools through which is pursued the guardianship of public interesses, and it is necessary to ready a suitable system of guarantees for the citizen towards the exercise of a punitive power from the State.
Teaching program is organized in two different sections:
1. GENERAL SECTION: "THE DECRIMINALIZATION AND GUARANTEES OF THE ADMINISTRATIVE-DECRIMINALISED OFFENSE" (24hh);
2. SPECIAL SECTION: "THE PENALTIES FOR THE BUSINESS CRIMINALITY" (24 HH).
- frontal lessons
- seminars finalized to stimulate the interaction and the discussion with the students on normative texts and giudicial solutions
- use of juridical data base
There are no texts in English, because the program concern the national legislation. Anyway, the professor is available to interact with students in English and help them with understanding and traductions of the italian texts.
1) F. MANTOVANI, Diritto penale – Parte generale, Padova, CEDAM 2015, solo Parte VI (da pag. 945 a pag. 960)
2) C. E. PALIERO - F.C. PALAZZO, Commentario breve alle leggi penali complementari, Padova, CEDAM, 2007, pp. 961-1010 (voce DEPENALIZZAZIONE)
1) P. FATTORI – M. DE VITA, Il regime sanzionatorio delle intese restrittive della concorrenza e degli abusi di posizione dominante, scaricabile dal sito www.agcm.it, sezione “pubblicazioni”, in “archivio”
2) A. TRAVERSI - S. GENNAI, Diritto penale commerciale, Padova, CEDAM 2012, pp. 247-272
Lectures are in Italian. Anyway the professor is available to interact with student in English, also during the examination