CRIMINAL LAW OF WORK SAFETY
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- DONATO CASTRONUOVO
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/17
Training objectives
- Educational objectives
The educational objective of the course is the in-depth theoretical knowledge of criminal law provisions on work safety. This objective is to be achieved through participation in the lessons and through individual study. Primary importance is given not only to the knowledge of criminal law categories but also to the acquisition of an adequate study methodology, which must be constitutionally oriented, systematic, case-law based, comparative, as well as focused on criminal policy and on the supranational dimension of criminal law (both EU and EHR Convention).
Therefore, the course intends to provide the students with the ability to apply the theoretical knowledge of "general part" (Criminal Law 1) in the context of this "special part". Prerequisites
- Prerequisites.
Students must have passed the exam of Criminal Law I. It is recommended to attend this course after Criminal law II. Course programme
- Course Contents.
The course is structured in SIX main PARTS.
Part I. General and systematic profiles of the subject: legal sources and risk assessment (6 hours).
Part II. Subjects: employers, managers, persons in charge, workers etc.; the exercise of executive powers; the delegation of functions (8 hours).
Part III. "Contravvenzioni": the fines of D.Lgs. 81/2008; the extinguishing mechanisms (6 hours).
Part IV. "Delitti": the crimes of “common danger”; the crimes of murder and injury (16 hours).
Part V. The criminal liability of corporations and legal entities (4 hours).
Part VI. Specific case law study analysis (6 additional hours).
In addition to traditional lectures, there will be some seminars. These seminars will be focused on some in-depth topics and they will be held by the teacher, collaborators or specially invited teachers.
For attending students there will be a different type of exam. Attending lessons will be a preferential requirement for the assignment of the dissertation in Criminal Law. Didactic methods
- Teaching methods
The teaching method is based on traditional lectures and seminars, possibly supplemented by conferences (at the University of Ferrara) on topics related to the course program which will be communicated during the course.
A for study materials, students must use textbooks and other teaching materials, in particular: national and supranational sources, slides, sentences, essays and articles (the methods of finding materials will be communicated to the class).
For the participation in the lessons and the preparation of the exam, the constant consultation of the Constitution, an updated Criminal Code and the legislative decree 81/2008 is recommended.
The teaching method implies the direct involvement of students during traditional lectures and seminars. Learning assessment procedures
- Exams
The exam aims to ascertain the student knowledge of the topics analysed in the textbook, as well as the student's ability to fully understand the subject from a systematic point of view and to resolve concrete issues.
The exam is different depending on whether the student is an attending student or not.
ATTENDING STUDENTS
There is the possibility to give the oral exam in an extraordinary section at the end of the course, after a written exercise.
In particular, the written exercise (for ATTENDING STUDENTS) consists of multiple-answer questions and one "open" answer question (max one page). The next (short) oral interview is structured in two parts.
The first part provides for the formulation of one question on the topics of the program, which are different from those asked in the written exercise). The second part (only for students who have reached the pass-mark in the first part) provides for the formulation of one final question, useful to better calibrate the final grade. The final grade is determined by weighting the grades assigned in the two parts.
The pass-mark requires the students to know the fundamental aspects of the subject and to give an accurate overview of the topics asked. Therefore, the lack of knowledge of significant aspects concerning a principle or a fundamental category may result in failure to pass the exam.
In addition to the theoretical preparation assessed as indicated above, the following aspects weight on the final grade: 1) clarity of presentation; 2) ability to establish links between the criminal code and constitutional or supranational principles; 3) ability to formulate personal opinions consistent with the general principles of the subject; 4) ability to critically examine the norms and case-law guidelines.
NON-ATTENDING STUDENTS
For non-attending students there will be an oral exam.
The exam is structured in two parts. The first part provides for the formulation of three questions on the topics of the program. The second part (only for students who have reached the pass-mark in the first part) provides for the formulation of one final question, useful to better calibrate the final grade (see above – Attending students – as for the assessment modalities of the final grade). Reference texts
- Handbook:
Castronuovo, Curi, Tordini Cagli, Torre, Valentini, Sicurezza sul lavoro: profili penali, Giappichelli, Torino, Second edition, 2021.
Non-attending students have to study the entire text. For attending students, Part IV is not mandatory (except for the Chapter XI on Covid-19 risk management).
For the preparation of the exam (as for the participation in the lessons) the constant consultation of the Constitution, an update italian Criminal Code and the legislative decree 81/2008 is recommended.
