Università degli Studi di Urbino Carlo Bo / Portale Web di Ateneo


CRIMINAL PROCEDURE AND BUSINESS LAW
PROCEDURA PENALE DELLA IMPRESA

A.Y. Credits
2018/2019 6
Lecturer Email Office hours for students
Chiara Gabrielli

Assigned to the Degree Course

Law (LMG/01)
Curriculum: PERCORSO COMUNE
Date Time Classroom / Location
Date Time Classroom / Location

Learning Objectives

The course means to give to students the knowledge of the trial rules and regulations to investigate criminal liability of the collective institutions especially of the companies.

Program

general characteristics of the companies and other institutions criminal liability.enforceability of the rules of the criminal procedure's code "as compatible". Enforceability to the collective institution of the guarantees expected for the defendant. Rules and regulations of pre-trial enquiries: terms of duration, warning that one is under investigation, dismissal. Loss of criminal prosecution.The system of the summons to the companies. The company' s legal representation. the incompatibilities with the witnesship. The pre-trial measures (coercive and control measures). the preliminary hearing , the trial, the alternative proceedings. General lines  of the impugnments and of the enforcement.

Bridging Courses

Criminal law 1

Learning Achievements (Dublin Descriptors)

A) Knowledge and understanding - The student must show to have  a  suitable knowledge of the procedeedings to establish the criminal liability of the collective institutions  especially  of the companies and he must show the ability of understanding of its constitutional and international principles and he also must show his understanding of its translation offered by  the criminal procedure laws.

B) Applying knowledge and understanding - The student must show to be able to apply his  knowledge by formulating possible interpretative solutions on controversial issues.

C) Making judgements - The student must show to be able to integrate the knowledge of the institutes of the company's  criminal procedure   with those of the criminal procedure law and  as well with those of similar disciplines (es. civil and administrative trial right)  and to make critical judgments on the basis of  this interdisciplinary platform.

D) Communication skills - The student must show to be an active part in seminars, groupworks and in any planned activities  in the living law laboratories , he must also show to  be able to explain clearly and effectively  the reached conclusions on the argumentative plan, dealing with teachers and with colleagues.

E) Learning skills - The student must show to have developed the learning skills  to continue the study  of the company's criminal procedure on his own  and that he has the means to  understand the main criticalities of the system  end possible reforms to amend them. 

Teaching Material

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Supporting Activities

Specifications and slides.

Seminars, conferences and meetings on the subject themes of legislative reforms and jurisprudential contrasts. 


Teaching, Attendance, Course Books and Assessment

Teaching

Lectures - Seminars - The living law Laboratories

Attendance

None

Course books

Massimo Ceresa Gastaldo, Procedura penale delle società, Giappichelli, 2015

Assessment

The oral exam,  considered the only one suitable to test communication and technical skills of the student, as well as attitudes to establish connections with the of similar disciplines of the criminal procedural law.

The evaluation criteria and the scale of marks are as follows:

less than 18/30: insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20/30: sufficient. The student attains the learning results described in “knowledge and understanding”.

21-24/30: satisfactory. The student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

25-27/30: good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

28-30/30: very good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”.

30 with honours: excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Intermediate written test with open questions.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Additional Information for Non-Attending Students

Teaching

The professor will provide  teaching materials to the students in the Moodle platform in e-learning.

Attendance

None

Course books

Massimo Ceresa Gastaldo, Procedura penale delle società, Giappichelli, 2015

Assessment

The oral exam,  considered the only one suitable to test communication and technical skills of the student, as well as attitudes to establish connections with the of similar disciplines disciplines of constitutional law and the criminal procedural law.

The evaluation criteria and the scale of marks are as follows:

less than 18/30: insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20/30: sufficient. The student attains the learning results described in “knowledge and understanding”.

21-24/30: satisfactory. The student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

25-27/30: good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

28-30/30: very good. The student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”.

30 with honours: excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

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