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


CRIMINAL LABOUR LAW
DIRITTO PENALE DEL LAVORO

A.Y. Credits
2024/2025 6
Lecturer Email Office hours for students
Rosa Maria Emilia Palavera During the course, at the end of the lessons (it is advisable to agree via email). During the rest of the academic year, by appointment (it is necessary to agree via email).
Teaching in foreign languages
Course partially taught in a foreign language English
This course is taught partially in Italian and partially in a foreign language. Study materials can be provided in the foreign language and the final exam can be taken in the foreign language.

Assigned to the Degree Course

Date Time Classroom / Location
Date Time Classroom / Location

Learning Objectives

The course aims to illustrate the fundamentals of criminal law labour protection:

- introducing the constitutional principles of criminal responsibility and the main categories of the general part of criminal law;

- analyzing the most important issues of criminal labour law, with particular reference to the criminal law of health and safety in the workplace.

Program

First part - The general principles of criminal responsibility

1) Characteristics and principles of criminal law.

2) Structure and manifestations of the crime

3) Response to the crime and penalty system.

Second part - Criminal labour law

4) Labour protection in the Penal code. Deliberate and negligent removal and omission of cautions and defenses. Manslaughter and negligent injuries with violation of workplace safety regulations. Illicit intermediation and labour exploitation.

5) The Testo Unico of D.Lgs 81/08.

6) Other provisions contained in the special legislation (D.Lgs. 231/01, Workers' Statute, , legislation on the exploitation of workers and in tax and social security matters).

Bridging Courses

CONSTITUTIONAL LAW is recommended

Learning Achievements (Dublin Descriptors)

Knowledge and understanding

  • the criteria for the legitimacy of criminal law, the purpose of the penalty and criminal policy
  • general principles of criminal law
  • criminal law rules and institutions
  • The Law and Order and Public Security Act

Ability to apply knowledge and understanding

  • to research, interpret, enforce criminal law

Autonomy of judgment

  • assessing and managing regulatory and jurisprudential complexity

Making judgements

  • offer elements of criticism and novelty for interpretation and regulatory creation 

Communication skills

  • to draft written and oral comments on judgments and legal opinions
  • describe and evaluate the empirical data and its application in the light of legislative, jurisprudential and doctrinal reforms and changes

Learning skills

  • basic notions for permanent updating

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

Skills acquisition is verified in itinere through exercises and self-assessment tests.


Teaching, Attendance, Course Books and Assessment

Teaching

Formal classes, seminars, exercitations, Innovative teaching methods as described above.

Innovative teaching methods

Debate, moot trials, flipped learning, problem-based learning, learning by doing.

Attendance

Attendance is not compulsory but strongly recommend

Course books

The exam can be prepared on the basis of the personal notes of the lessons.

Consultation of the updated regulatory texts is required.

The support of the course books indicated for non-attending students is recommended, id est

- as basic texts, M. Pelissero, Diritto penale. Appunti di parte generale, Giappichelli, 2023; D. Castronuovo - F. Curi - S. Tordini Cagli - V. Torre - V. Valentini, Sicurezza sul lavoro: profili penali, Giappichelli, 2021, with exclusion of Part IV;

- as further readings, L. Zoppoli - P. Pascucci - G. Natullo (a cura di), Le nuove regole per la salute e la sicurezza dei lavoratori, 2ª edition, IPSOA, 2010, only pages 217-244 and 545-605; T. Padovani, Il nuovo volto del diritto penale del lavoro, in Riv. trim. dir.pen. econ., 1996, pp. 1157-1171; D. Pulitanò, Igiene e sicurezza del lavoro (tutela penale), in Dig. disc. pen., vol. VI, 2006, 102-118.

The adoption of different study texts can be agreed upon.

Assessment

Course with optional materials in French and Spanish.  The course is thought in Italian and partially in English. The study materials and the examination, upon request, can be in French and Spanish.

Oral exam based on three questions or more, with evaluation criteria as follows:

less than 18/30: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20: competence level sufficient. In particular, the student attains the learning results described in “knowledge and understanding”.

21-23: competence level satisfactory. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

24-26: competence level good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

27-29: competence level very good. 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 honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Additional Information for Non-Attending Students

Teaching

Formal classes, seminars, exercitations, Innovative teaching methods as described above.

Attendance

Attendance is not compulsory but strongly recommended

Course books

Basic texts:

·   M. Pelissero, Diritto penale. Appunti di parte generale, Giappichelli, 2023.

·  D. Castronuovo - F. Curi - S. Tordini Cagli - V. Torre - V. Valentini, Sicurezza sul lavoro: profili penali, Giappichelli, 2021, with exclusion of Part IV.

Further readings:

·  L. Zoppoli - P. Pascucci - G. Natullo (a cura di), Le nuove regole per la salute e la sicurezza dei lavoratori, 2ª edition, IPSOA, 2010, only pages 217-244 and 545-605;

·  T. Padovani, Il nuovo volto del diritto penale del lavoro, in Riv. trim. dir.pen. econ., 1996, pp. 1157-1171;

·  D. Pulitanò, Igiene e sicurezza del lavoro (tutela penale), in Dig. disc. pen., vol. VI, 2006, 102-118.

The adoption of different study texts can be agreed upon.

Assessment

Oral exam based on three questions or more, with evaluation criteria as follows:

less than 18/30: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20: competence level sufficient. In particular, the student attains the learning results described in “knowledge and understanding”.

21-23: competence level satisfactory. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

24-26: competence level good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

27-29: competence level very good. 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 honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Notes

Regarding the study of the regulations of health and safety at work (special part of the course), it is noted that in the Department of Law of Urbino University is actively working the Osservatorio Olympus which permanently monitors the laws and legislations related to safety at work.

The above mentioned Osservatorio Olympus is active on different levels and focuses in particular on: managing a website which includes legislative, case-law and contractual databases relative to occupational safety; collection of articles and substantial information, specialist reviews and thematic workshops; managing two on-line scientific reviews ("I Working papers di Olympus" and "Diritto della Sicurezza sul Lavoro", with a wide international specialistic committe); organizing international congresses and seminars. The widely mentioned Osservatorio Olympus, whose website is public and free, gives the students who are following the course the possibility of consulting material and documentation which are of great importance for their studies and in the writing of their graduate thesis. Most of all it gives them the possibility of meeting the leading experts on the subject and to analyse the most important and delicate part of it: http://olympus.uniurb.it/

A Tutoring Service provided in person and online is available at the Department of Law, to which all requests for clarification and support should preferably be addressed.

https://www.uniurb.it/corsi/1757026/tutor

The Inclusion and Right to Study Office is also active, offering information and support, working towards full access to the services and facilities offered by the university. The Inclusion and Right to Study Office is located in Via Saffi, 2 (phone: +39 0722 303030; email: ufficio.inclusione@uniurb.it). For any further information, please contact the Department's referent, Prof. Federico Losurdo (federico.losurdo@uniurb.it).

In the case of disabilities, specific learning disorders (DSA) and special educational needs (BES), or other personal, family or work issues, it is also always possible (and in any case at least once a month) to arrange an appointment in streaming with the lecturer, subject to an email request. The request may specify any time preferences.

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