ENVIRONMENTAL, LABOUR AND COMPUTER SECURITY CRIMINAL LAW

The teaching falls within the training activities necessary to know the main organizational and management tools of the corporate criminal risk linked to three areas of criminal law characterized by a very articulated series of obligations and fulfilments to which entrepreneurs, managers production activities, the professional figures of technical and specialist assistance to companies are required to attain.

The course aims to offer the knowledge of the fundamental principles of Italian criminal law necessary for understanding the applicative scope of legislation (national and community) on environmental protection, workplace safety and IT security.

No prerequirements needed.

The course will be divided in four modules.

MODULE 1: The foundations of the criminal liability of natural and legal persons.
- the principle of legality and forms of the crime: crimes and fines;
- the methods of punishment and the catalog of penalties;
- the objective structure of the crime: conduct-cause-event;
- the subjective structure of the crime: willful misconduct-intentional-negligence;
- the causal link: commissive and omissive offenses; the guarantee positions of the entrepreneur and the professional;
- the forms of manifestation of the offense: the participation and cooperation of people;
- the criteria of the responsibility for crime of legal persons: the d. lgs. n. 231/01;
- the tools for excluding the liability of legal persons for crime.

MODULE 2: Environmental criminal law.
- the criminal liability system provided for by T.U. environment, d. lgs n. 152/06;
- the subjects involved in the business activity and the delegated functions;
- the main offenses in the T.U. environmental, legislative decree n. 152/06;
- the law n. 68/15 and the environment as an autonomous legal asset in the criminal code;
- the main environmental crimes in the criminal code: pollution and environmental disaster;
- the relevance of the active repentance and restoration of the state of the places in the l. n. 68/15;
- the responsibility for environmental crime of legal persons in the d. lgs. n. 231/01.

MODULE 3: Criminal labor law.
- the criminal liability system provided for by the Consolidated Law on Finance on safety at work, d. lgs no. 81/08;
- the subjects involved in the business activity and the delegated functions;
- the main offenses in the T.U. on safety at work, d. lgs no. 81/08;
- occupational safety in the criminal code: homicide and negligent personal injury, aggravated by the violation of the rules on safety and hygiene at work;
- the relevance of the active repentance and the restorative conduct of the disputed violations in the matter of safety in the workplace provided for by d. lgs. n. 758/94;
- the responsibility for a crime in the matter of safety in the workplace of legal persons in d. lgs. n. 231/01.

MODULE 4: The criminal law of information security and privacy.
- IT documents and criminally relevant falsehoods;
- computer fraud;
- IT systems: damage and interruptions, unauthorized access and illegal possession of access codes;
- IT communications: interruptions, wiretapping, falsifications and alterations;
- the main offenses in the T.U. on privacy (Legislative Decree no. 196/03) and the new European discipline cd. G.D.P.R .: processing, communication, illicit dissemination and fraudulent acquisition of personal data;
- the responsibility for crimes relating to computer crimes of legal persons in d. lgs. n. 231/01.

- Pinelli, Fabio; Berardi, Alberto “Lineamenti di diritto penale dell’ambiente e della sicurezza sul lavoro”, Padova, Wolters Kluwer, 2020;
- Notes and powerpoint will be provided as well.

The learning will be tested by an oral examination lasting approximately half an hour. During the examination the professor will submit approximately 10 questions to the student.

Lectures of 1 and half hours.

Italian

oral