SCIENZE GIURIDICHE

Module DIRITTO PENALE

Knowledge

During the course students will learn the fundamental coordinates that characterize the role played by criminal law in the protection of individual and collective health with particular reference to three specific fields: health and safety at work; agri-food health; health as an interest related to environmental protection. To this aim, after the introductory framing of the general principles of criminal law, the relevant sources of law will be deepened as well as the doctrinal debate and the case law with regard to the main issues which arise in the aforementioned fields. By this way the students will become aware of the legal assets of primary rank which are relevant in their future professional activity as well as of the techniques of criminal protection used by the legal system in this regard.

Ability to apply the knowledge

In each of the three fields which will be taken into consideration during the course – that is to say, health and safety at work; agri-food health; environmental law – students will have the chance: to become aware of the logic of criminal policy underlying the use of criminal law; to analyze the relevant legislation; to understand the relevant case law.

In particular, with regard to the health and safety at work matter students will become able to collaborate with the (either public or private) employer in the risk assessment and management at the workplace.

With reference to the agri-food field students will become able to ensure hygiene and safety of food and beverages as well as to recognize and fight commercial frauds in the exercise of their future profession.

With reference to the environmental field students will be able to understand and apply the current legislation on the protection of air, water and soil quality, with particular attention to the criminal consequences of industrial activities that potentially affect the aforementioned environmental assets.

Autonomous judgment

The course, combining theoretical classes with individual and group exercises on case law, will provide students with the logical and technical tools necessary to develop their own autonomous judgment and critical thinking on political-criminal and applicative issues underlying the role of criminal law in the three aforementioned fields.

Ability to communicate

The course, by means of the active involvement of students during lessons and exercises, will provide them with the technical-legal language regarding criminal law in the three aforementioned fields which are relevant for their future job career.

Ability to learn

The course will provide students with the knowledge as well as the logical tools necessary to deepen, even after passing the relevant exam, the issues related to the criminal implications of their job as well as to keep up-to-date with the future changes of law and case-law

Lectures are planned, together with individual and group exercises on case law (no. 14 hours)

Historical-legislative excursus in the three fields covered by the course, namely health and safety at work, agri-food law and environmental criminal law

The ''general part'' of criminal law in the field of health and safety at workplace. In particular the nature of the relevant legal interests, the network of individual guarantors and the legal duties upon these subjects

The ''special part'' of criminal law in the field of health and safety at workplace. The main source of law (the so called Tusl - Testo Unico in materia di salute e sicurezza sul lavoro): structure; rules of conduct; sanctions.

The ''general part'' of agri-food criminal law. The characteristics of the protected legal assets and of the criminal offenders.

The ''special part'' of agri-food criminal law. The main criminal and administrative-punitive offences against public health and fair trade in agri-food matters.

The ''general part'' of environmental criminal law. The characteristics of the legal asset and the techniques of criminal protection.

The "special part" of environmental criminal law. The main criminal offences in this field.

1) D. Castronuovo, Fenomenologie della colpa in ambito lavorativo, in Dir. pen. cont., 2016, 3, p.  216 ss.

2a) P. Severino, Il nuovo diritto penale ambientale. Problemi di teoria del reato e profili sanzionatori, in Dir. pen. cont., 2018, 1, p.  190 ss.

2b) F. Palazzo, I nuovi reati ambientali. Tra responsabilità degli individui e responsabilità dell’ente, in Dir. pen. cont., 2018, 1, p.  329 ss.

2c) C. Ruga Riva, L’ambiente in Costituzione. Cambia qualcosa per il penalista?, in Sistema penale, 16.02.3023

3a) M. Donini, Il progetto 2015 della commissione Caselli. Sicurezza alimentare e salute pubblica nelle linee di politica criminale della riforma dei reati agroalimentari, in Dir. pen. cont., 2016, 1, p. 4 ss.

3b) Linee guida per lo schema di disegno di legge recante “Nuove norme in materia di reati agroalimentari” (Commissione Caselli). 14 ottobre 2015, in www.penalecontemporaneo.it, pp. 1-18.

 The aforementioned papers will be available by the Studium platform as well as further materials focused on specific issues.

Final oral exam.

The candidate will be evaluated according to the following criteria:

      - Relevance of the answers to the questions

      - Understanding and quality of the contents

      - Ability to make connections with other topics covered by the course

      - Ability to report examples

      - Technical language

For example: the employer's obligation to assess and manage risks at work; food safety and its criminal protection; precautionary principle in environmental criminal law.