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


WORK SAFETY AND CRIMINAL TRIAL LAW
DIRITTO PROCESSUALE PENALE DELLA SICUREZZA SUL LAVORO

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

Assigned to the Degree Course

Law Degree for Labour Consultancy and Safety at Work (L-14)
Curriculum: PERCORSO COMUNE
Giorno Orario Aula
Giorno Orario Aula

Learning Objectives

The course aspires to grant an institutional knowledge of the criminal proceeding, through the analysis of its qualifying principles, with particular regard to technical-scientific investigation instruments concerning the workplace safety field. Moreover, the student will achieve, also through a case law analysis, the juridical skills and the methodological tools to face and solve the main issues regarding the ascertaining of crimes in the field of hygiene, health and safety at work.

Program

The first part of the course will illustrate the accusatory criminal trial - introduced by the 1989 criminal procedure code - through examining its inspiring principles, constitutional coordinates, subjects, phases, and evidence formation rules. The second part of the course will be dedicated to the crimes ascertainment methods in the workplace safety field, analyzing both the procedural code's "traditional" instruments application and the code's provisions referring specifically to workplace safety context. On one side, particular attention will be paid to the preliminary investigations peculiarities, examining the prevention and safety service technicians’ role at workplace; the guidelines contained in the "inter-forces" protocols (Public Prosecutor's Office, Inail, Ausl, Regional work directorate); the employment in this context of high technical-scientific coefficient instruments (technical assessments, unrepeatable technical assessments, appraisals, technical advice). On the other side, the offences' extinguishing mechanisms in matter of hygiene, health and safety at work will be examined as set forth in the d. lgs. n. 758 of 1994 and in the d. lgs. n. 81 of 2008 (the primary regulations about protection of health and safety in the workplace); moreover, the main application problems of the so called conditional oblation will be analyzed through both the analysis of the Court of Cassation jurisprudence and the solution of practical cases.

Bridging Courses

Criminal labor law

Learning Achievements (Dublin Descriptors)

A) Knowledge and understanding - The student must show a suitable knowledge of the legal sources of the Italian criminal trial and the ability of understand its constitutional and supranational principles (and he also must comprehend their application in criminal procedure laws). B) Applying knowledge and understanding - The student must be able to apply his knowledge by formulating possible interpretative solutions on controversial issues related to criminal procedural law. C) Making judgements - The student must be able to integrate criminal procedure legal institutions knowledge with constitutional and supranational principles (i.e. European Union, European Convention on Human Rights), as well with other juridical disciplines (es. judiciary system, penitentiary right, civil procedure and administrative procedure), and to make critical judgments through this interdisciplinary platform. D) Communication skills - The student must be an active part in seminars, group-works and in any planned activities in the living law laboratories, he shall also be able to explain clearly and effectively the reached conclusions, discussing with teachers and with colleagues. E) Learning skills - The student must have developed the learning skills to continue the criminal procedure study on his own. Moreover, he must show the means to understand the main criticalities of the system and 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

Seminars, conferences and meetings about legislative reforms and jurisprudential contrasts.


Didactics, Attendance, Course Books and Assessment

Didactics

Lectures - Seminars - The living law Laboratories

Attendance

None

Course books

G. Conso-V. Grevi-M. Bargis, Compendio di procedura penale, VIII ed., 2016, limited to: chapter I (paragraphes from 1 to 38), chapter II (paragraphes fra 8 to 10; from 28 to 34), chapter III, chapter V, chapter VI (paragraphes from 1 to 18 and from 28 to 32); chapter VII.

S. Dovere, I procedimenti definitori nella tutela penale della salute e della sicurezza sul lavoro, in AA. VV., Trattato di procedura penale, a cura di G. Spangher –  vol. VII, Modelli differenziati di accertamento, tomo II, Utet, 2011, p. 761 ss. 

Assessment

The expected learning results will be evaluated through an oral exam, based on three questions. The evaluation criteria and the scale of grades are the following: less than 18/30: insufficient competence level. The student doesn’t reach the learning results described in “knowledge and understanding”. 18/20: sufficient competence level. In particular, the student attains the learning results described in “knowledge and understanding”. 21/23: satisfactory competence level. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”. 24/26: good competence level. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”. 27/29: very good competence level. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”. 30/30 with honors: excellent competence level. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Additional Information for Non-Attending Students

Attendance

None

Course books

G. Conso-V. Grevi-M. Bargis, Compendio di procedura penale, VIII ed., 2016, limited to: chapter I (paragraphes fra 1 to 38), chapter II (paragraphes from 8 to 10; from 28 to 34), chapter III, chapter V, chapter VI (paragraphes from 1 to 18 and from 28 to 32); chapter VII.

S. Dovere, I procedimenti definitori nella tutela penale della salute e della sicurezza sul lavoro, in AA. VV., Trattato di procedura penale, a cura di G. Spangher –  vol. VII, Modelli differenziati di accertamento, tomo II, Utet, 2011, p. 761 ss. 

Assessment

The expected learning results will be evaluated through an oral exam, based on three questions. The evaluation criteria and the scale of grades are the following: less than 18/30: insufficient competence level. The student doesn’t reach the learning results described in “knowledge and understanding”. 18/20: sufficient competence level. In particular, the student attains the learning results described in “knowledge and understanding”. 21/23: satisfactory competence level. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”. 24/26: good competence level. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”. 27/29: very good competence level. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”. 30/30 with honors: excellent competence level. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Notes

In the Department is active "Olympus", the Observatory for permanent monitoring of legislation and case law on health and safety in the workplace work. The Observatory carries out various activities including, in particular: - the management of a website with legislative databases, case law databases and databases of contracts, all concerning the safety at work, - depth articles, specialized reviews and thematic focus; - the management of an online scientific journal - "The Working Papers of Olympus", soon destined to mutate into "Law of occupational Safety and Health" (DSL) - in the field of security rights in the workplace, with ISSN, that employs a wide international scientific committee and refereeing procedures for the identification of essays to be published; - The organization of congresses and seminars including international ones. This observatory, whose website is freely accessible to all in a logic of public service, allows students of the CdS to find useful materials and documentation for their course of study and useful to draft their dissertation. It offers, also, through the mentioned congresses and seminars, the opportunity to meet the leading experts in the field and to analyse the most sensitive issues relating to it. http://olympus.uniurb.it/  

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