Subject: modern society has many criminal law implications which put huge pressure onto the logical soundness of the theory and case law of fundamental categories of criminal liability typical of material crimes, from causality and guilt to malice. This is due not only to the unprecedented phenomenologies of risk connected with the unrelenting scientific and technological progress, but also to the fact that their history was dominated by collective rather than individual actions: thus the fragmentation and apportionment of liability and of the underlying security and control positions, which make it especially difficult to identify clearly defined behaviors that are the cause of damage or hazard.
In view of the foregoing, a specific in-depth analysis will be conducted of the legislative trends in the application of cases in which it is necessary to identify the center of gravity of the accusation, whether it be the risk or the hazard. Think, for example, of the following sectors of criminal law:
- enterprise: protection of workers, consumers and the market
- environmental crime
- medical activities
The course perspective will be to identify the common structural traits of these sectors of legislation, assessing the point of balance between the need for social protection and the absolutely vital constitutional connotations of criminal offences, through a reading of specific cases handled by magistrates of first instance and high court. In particular, special attention will be given to issues connected with the need to identify an appropriate causal model vis-à-vis the complex nature of the matters to be regulated, but which is nonetheless compliant with the rules of logic and of scientific rationality.
From a different perspective, attention will also be given to the need to create an appropriate model of guilt vis-à-vis the characteristics of responsibility of organization or that connected with secure positions.
Lastly, said in-depth analyses will be conducted taking into account also the effects of the influence exercised by the legislative instruments of the European Union and of the legislative and judicial landscape of the major European countries.
Objectives: the course objective is to provide participants with the instruments necessary to gain knowledge of the structure of the criminal cases that are based on a lower threshold of punishable behavior, as well as with the elements necessary to ascertain through specific judicial applications when a criminal offence is regarded as such on the basis of the risk rather than the hazard arising from a given behavior.
In this context, various specific cases will be examined in order to encourage participants to analyze the need to find a balance between the claims for protection and prevention and the constitutional scope of criminal liability.
Structure and methodology: face-to-face presentations will be followed by lengthy discussions, specifically with the aim to analyze and compare the various judicial procedures of first instance concerning the topics under examination. Specific work groups will address specific issues related to the legislative techniques of advance protection, to be coordinated also by experts in the related technological and scientific fields, if necessary.
Candidates: judicial and prosecuting magistrates of first instance and high court.