1. General information
Course:
CORPORATE CRIMINAL LIABILITY
Code:
35350
Type:
ELECTIVE
ECTS credits:
4.5
Degree:
334 - UNDERGRADUATE DEGREE PROGRAMME IN LAW
Academic year:
2022-23
Center:
3 - FACULTY OF LAW OF ALBACETE
Group(s):
10
Year:
4
Duration:
First semester
Main language:
Spanish
Second language:
Use of additional languages:
English Friendly:
Y
Web site:
Bilingual:
N
Lecturer:
DIEGO JOSE GOMEZ INIESTA
- Group(s):
10
Building/Office
Department
Phone number
Email
Office hours
Melchor de Macanaz 1.12
DERECHO PÚBLICO Y DE LA EMPRESA
2133-2103
diego.gomez@uclm.es
2. Pre-Requisites
Passing criminal Law I and II courses
3. Justification in the curriculum, relation to other subjects and to the profession
Nowadays, Corporate Criminal Liability is one of the most important subjects from a practical point of view. In our society, the social harmfulness of economic crimes has been gradually increasing. If a few decades ago the prosecution of white-collar crimes was an exception, today it is a reality, as can be seen by reading any media.
The subject is also of unquestionable educational interest. It is said that economic or business criminal law is the testing ground of a criminal law that has been constructed with violent crimes and crimes committed by the marginalized social classes in mind. For this reason, the study of this subject allows to deepen the knowledge acquired in Criminal Law I and, especially, in Criminal Law II, where basic patrimonial crimes are studied in greater depth, such as fraud or misappropriation or economic corruption.
4. Degree competences achieved in this course
| Course competences | |
|---|---|
| Code | Description |
| E02 | To understand the systematic nature of the legal system and the interdisciplinary nature of legal problems. |
| E04 | Ability to search, identify and use legal sources (legal, jurisprudential and doctrinal). |
| E14 | Acquire the capacity to provide legal advice to public, private and private entities. |
| G11 | Acquire the ability to organize and plan professional activity. |
5. Objectives or Learning Outcomes
| Course learning outcomes | |
|---|---|
| Description | |
| To acquire a basic understanding of the origin and development of the liability concept in the legal world. | |
| Additional outcomes | |
| Not established. |
6. Units / Contents
-
Unit 1: Introduction. Criminology of economic crime. The content of corporate criminal law. Penalties
-
Unit 2: Criminal liability of the employer: de facto and de jure directors. Criminal liability of the head of the company. Collegial liability. Liability of employees
-
Unit 3: Criminal liability of legal persons. Political-criminal sense of the liability of corporations. Models of imputation. Types of sanctions. Liability of legal persons in the Spanish Criminal Code. Compliance programmes
-
Unit 4: Public Finance and money laundering: tax crime and tax offenses. Accounting crime. Public subsidy fraud. Criminal protection of the European Public Finance. Money laundering
-
Unit 5: Crimes against the market: restrictive practices of business competition. Abuse of inside information. Market abuse. Public and private corruption. Industrial espionage. Protection of patents
-
Unit 6: Criminal protection of consumer. Advertising. Fraud. Consumer health
-
Unit 7: Criminal protection of workers and social security contributions
-
Unit 8: Criminal protection of workers and social security contributions
-
Unit 9: Corporate crime
-
Unit 10: Criminal protection of the environment. Town planning offence. Environmental crime
7. Activities, Units/Modules and Methodology
| Training Activity | Methodology | Related Competences (only degrees before RD 822/2021) | ECTS | Hours | As | Com | Description | |
| Writing of reports or projects [OFF-SITE] | Group Work | G11 | 0.8 | 20 | Y | Y | ||
| Practicum and practical activities report writing or preparation [OFF-SITE] | Case Studies | E04 | 0.8 | 20 | Y | Y | ||
| Class Attendance (theory) [ON-SITE] | Lectures | E02 | 0.86 | 21.5 | Y | Y | ||
| Class Attendance (practical) [ON-SITE] | Case Studies | E14 | 0.45 | 11.25 | Y | Y | ||
| Study and Exam Preparation [OFF-SITE] | Assessment tests | E02 | 1.55 | 38.75 | Y | N | ||
| Final test [ON-SITE] | Practical or hands-on activities | E14 | 0.04 | 1 | Y | N | ||
| Total: | 4.5 | 112.5 | ||||||
| Total credits of in-class work: 1.35 | Total class time hours: 33.75 | |||||||
| Total credits of out of class work: 3.15 | Total hours of out of class work: 78.75 | |||||||
As: Assessable training activity Com: Training activity of compulsory overcoming (It will be essential to overcome both continuous and non-continuous assessment).
8. Evaluation criteria and Grading System
| Evaluation System | Continuous assessment | Non-continuous evaluation * | Description |
| Assessment of active participation | 20.00% | 0.00% | Attending classes is highly recommended. |
| Theoretical papers assessment | 20.00% | 0.00% | To prepare a theoretical paper about a topic from the general or special part of the subject. |
| Oral presentations assessment | 60.00% | 100.00% | Students will pretend to be lawyers presenting an issue about the programme, either to potential clients or to a court. |
| Total: | 100.00% | 100.00% |
According to art. 4 of the UCLM Student Evaluation Regulations, it must be provided to students who cannot regularly attend face-to-face training activities the passing of the subject, having the right (art. 12.2) to be globally graded, in 2 annual calls per subject , an ordinary and an extraordinary one (evaluating 100% of the competences).
Evaluation criteria for the final exam:
-
Continuous assessment:It will be valued that the student knows the elements of the criminal figures that have been studied and the theories of the general part applicable to the case. Likewise, great importance is given to the form of exposition that has to be done on the basis of slides (power point or similar).
In the presentations, the clarity of the exposition and the mastery of the subject will be especially valued.
Students who have not passed the continuous evaluation or who have not been able to attend class may take a final test (100%) consisting of an oral exam in which the topics of the general and special part of the program of the subject will be evaluated. -
Non-continuous evaluation:It will be assessed that the student knows the elements of the criminal figures that have been studied and the theories of the general part applicable to the case.
Students who have not been able to attend class may take a final test (100%) consisting of an oral exam about the topics of the general and special part of the program of the subject.
Specifications for the resit/retake exam:
Evaluation criteria not defined
Specifications for the second resit / retake exam:
Evaluation criteria not defined
9. Assignments, course calendar and important dates
| Not related to the syllabus/contents | |
|---|---|
| Hours | hours |
| Unit 1 (de 10): Introduction. Criminology of economic crime. The content of corporate criminal law. Penalties | |
|---|---|
| Activities | Hours |
| Writing of reports or projects [AUTÓNOMA][Group Work] | 2 |
| Practicum and practical activities report writing or preparation [AUTÓNOMA][Case Studies] | 2 |
| Class Attendance (theory) [PRESENCIAL][Lectures] | 2.15 |
| Class Attendance (practical) [PRESENCIAL][Case Studies] | 1.13 |
| Study and Exam Preparation [AUTÓNOMA][Assessment tests] | 3.88 |
| Final test [PRESENCIAL][Practical or hands-on activities] | .1 |
| Unit 2 (de 10): Criminal liability of the employer: de facto and de jure directors. Criminal liability of the head of the company. Collegial liability. Liability of employees | |
|---|---|
| Activities | Hours |
| Writing of reports or projects [AUTÓNOMA][Group Work] | 2 |
| Practicum and practical activities report writing or preparation [AUTÓNOMA][Case Studies] | 2 |
| Class Attendance (theory) [PRESENCIAL][Lectures] | 2.15 |
| Class Attendance (practical) [PRESENCIAL][Case Studies] | 1.13 |
| Study and Exam Preparation [AUTÓNOMA][Assessment tests] | 3.88 |
| Final test [PRESENCIAL][Practical or hands-on activities] | .1 |
| Unit 3 (de 10): Criminal liability of legal persons. Political-criminal sense of the liability of corporations. Models of imputation. Types of sanctions. Liability of legal persons in the Spanish Criminal Code. Compliance programmes | |
|---|---|
| Activities | Hours |
| Writing of reports or projects [AUTÓNOMA][Group Work] | 2 |
| Practicum and practical activities report writing or preparation [AUTÓNOMA][Case Studies] | 2 |
| Class Attendance (theory) [PRESENCIAL][Lectures] | 2.15 |
| Class Attendance (practical) [PRESENCIAL][Case Studies] | 1.13 |
| Study and Exam Preparation [AUTÓNOMA][Assessment tests] | 3.88 |
| Final test [PRESENCIAL][Practical or hands-on activities] | .1 |
| Unit 4 (de 10): Public Finance and money laundering: tax crime and tax offenses. Accounting crime. Public subsidy fraud. Criminal protection of the European Public Finance. Money laundering | |
|---|---|
| Activities | Hours |
| Writing of reports or projects [AUTÓNOMA][Group Work] | 2 |
| Practicum and practical activities report writing or preparation [AUTÓNOMA][Case Studies] | 2 |
| Class Attendance (theory) [PRESENCIAL][Lectures] | 2.15 |
| Class Attendance (practical) [PRESENCIAL][Case Studies] | 1.13 |
| Study and Exam Preparation [AUTÓNOMA][Assessment tests] | 3.88 |
| Final test [PRESENCIAL][Practical or hands-on activities] | .1 |
| Unit 5 (de 10): Crimes against the market: restrictive practices of business competition. Abuse of inside information. Market abuse. Public and private corruption. Industrial espionage. Protection of patents | |
|---|---|
| Activities | Hours |
| Writing of reports or projects [AUTÓNOMA][Group Work] | 2 |
| Practicum and practical activities report writing or preparation [AUTÓNOMA][Case Studies] | 2 |
| Class Attendance (theory) [PRESENCIAL][Lectures] | 2.15 |
| Class Attendance (practical) [PRESENCIAL][Case Studies] | 1.13 |
| Study and Exam Preparation [AUTÓNOMA][Assessment tests] | 3.88 |
| Final test [PRESENCIAL][Practical or hands-on activities] | .1 |
| Unit 6 (de 10): Criminal protection of consumer. Advertising. Fraud. Consumer health | |
|---|---|
| Activities | Hours |
| Writing of reports or projects [AUTÓNOMA][Group Work] | 2 |
| Practicum and practical activities report writing or preparation [AUTÓNOMA][Case Studies] | 2 |
| Class Attendance (theory) [PRESENCIAL][Lectures] | 2.15 |
| Class Attendance (practical) [PRESENCIAL][Case Studies] | 1.13 |
| Study and Exam Preparation [AUTÓNOMA][Assessment tests] | 3.88 |
| Final test [PRESENCIAL][Practical or hands-on activities] | .1 |
| Unit 7 (de 10): Criminal protection of workers and social security contributions | |
|---|---|
| Activities | Hours |
| Writing of reports or projects [AUTÓNOMA][Group Work] | 2 |
| Practicum and practical activities report writing or preparation [AUTÓNOMA][Case Studies] | 2 |
| Class Attendance (theory) [PRESENCIAL][Lectures] | 2.15 |
| Class Attendance (practical) [PRESENCIAL][Case Studies] | 1.13 |
| Study and Exam Preparation [AUTÓNOMA][Assessment tests] | 3.88 |
| Final test [PRESENCIAL][Practical or hands-on activities] | .1 |
| Unit 8 (de 10): Criminal protection of workers and social security contributions | |
|---|---|
| Activities | Hours |
| Writing of reports or projects [AUTÓNOMA][Group Work] | 2 |
| Practicum and practical activities report writing or preparation [AUTÓNOMA][Case Studies] | 2 |
| Class Attendance (theory) [PRESENCIAL][Lectures] | 2.15 |
| Class Attendance (practical) [PRESENCIAL][Case Studies] | 1.13 |
| Study and Exam Preparation [AUTÓNOMA][Assessment tests] | 3.88 |
| Final test [PRESENCIAL][Practical or hands-on activities] | .1 |
| Unit 9 (de 10): Corporate crime | |
|---|---|
| Activities | Hours |
| Writing of reports or projects [AUTÓNOMA][Group Work] | 2 |
| Practicum and practical activities report writing or preparation [AUTÓNOMA][Case Studies] | 2 |
| Class Attendance (theory) [PRESENCIAL][Lectures] | 2.15 |
| Class Attendance (practical) [PRESENCIAL][Case Studies] | 1.13 |
| Study and Exam Preparation [AUTÓNOMA][Assessment tests] | 3.88 |
| Final test [PRESENCIAL][Practical or hands-on activities] | .1 |
| Unit 10 (de 10): Criminal protection of the environment. Town planning offence. Environmental crime | |
|---|---|
| Activities | Hours |
| Writing of reports or projects [AUTÓNOMA][Group Work] | 2 |
| Practicum and practical activities report writing or preparation [AUTÓNOMA][Case Studies] | 2 |
| Class Attendance (theory) [PRESENCIAL][Lectures] | 2.15 |
| Class Attendance (practical) [PRESENCIAL][Case Studies] | 1.13 |
| Study and Exam Preparation [AUTÓNOMA][Assessment tests] | 3.88 |
| Final test [PRESENCIAL][Practical or hands-on activities] | .1 |
| Global activity | |
|---|---|
| Activities | hours |
10. Bibliography and Sources