SCIENZE GIURIDICHE

Module DIRITTO PENALE

Knowledge and understanding

The course aims to provide the fundamental principles underpinning the role of criminal law in safeguarding individual and collective health, with particular regard to health and safety in the workplace; reference will also be made to the topics of agri-food health and health as a value linked to environmental protection. To this aim, following an initial overview of the general principles of criminal law, the course will examine in depth the current legislative framework as well as the academic and case-law debate in the aforementioned areas, including through the study of practical case studies. In this way, students will gain an understanding of the primary legal interests that are relevant to the exercise of their future professional practice, as well as the criminal law protection mechanisms provided for in this regard by the legal system.

Ability to apply knowledge and understanding

Attendance of the course will enable students to develop: an understanding of the criminal policy rationale underpinning the application of criminal law; the ability to analyse the relevant legislation; an understanding of the relevant case law.

Independent judgement

By combining theoretical lectures with individual and group exercises on practical cases, the course aims to provide students with the logical and technical-legal tools necessary to develop their capacity for independent judgement and critical thinking on criminal policy and practical issues concerning the application of criminal law.

 Communication skills

Through the active involvement of students during lectures and in practical sessions, the course aims to enable them to acquire the technical legal language specific to criminal law in the areas relevant to their profession.

 Learning skills

The course aims to equip students with the basic knowledge and logical tools necessary to continue, even after passing the final exam, to explore the criminal law implications of their profession in greater depth, so that they can keep abreast of regulatory developments and changes in legal practice.

Lectures are planned, together with individual and group exercises on case 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 guarantors and the legal duties upon these subjects.

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

Reference will also be made to criminal law relating to the agri-food field (the authors of food-related offences, and the main criminal offences against public health and fair trading) as well as to environmental criminal law (the characteristics of the legal interest at issue and the relevant protection mechanisms).

“Sicurezza sul lavoro. Profili penali”, Autori: Castronuovo Donato, Curi Francesca, Tordini Cagli Silvia, Torre Valeria, Valentini Vico, ISBN: 9791221104257, Giappichelli, anno di pubblicazione: 2023. Students are specifically required to study Chapters II, III, VI and IX. Further teaching materials will be specified and made available to students during the course.

Final exam where 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

By way of example only: the employer’s duty to assess and manage risks in the workplace; the network of individuals responsible for health and safety at work; the authors of food safety offences; the precautionary principle in relation to the environment and health and safety at work.