The research project will focus on the study of non-criminal/hybrid measures to fight crime, on the basis of three interrelated lines of investigation, categorised according to the ultimate purposes of the provisions under investigation (as integration/strengthening, replacement or prevention of the use of criminal law).
The research unit of the University of Rome Unitelma Sapienza, coordinated by Prof. Vincenzo Mongillo, will focus on the in-depth study of the different types of confiscation, from the theoretical and political perspectives. The aim is to highlight the ambiguous and polyvalent features of these provisions, in view of a better conceptual framework of such measures and of legislative reforms able to provide clarity to a subject which today is lacking in systematic coherence, being exposed to continuous case-law changes and to the risk of violations of fundamental principles of criminal or punitive law in general.
The research unit of the University of Naples Federico II, coordinated by Prof. Giuseppe Amarelli, will deal with the analysis of the measures of the Antimafia Code, with the aim of balancing the instances of social defence against the mafia phenomenon with those of individual guarantees, seeking solutions to foster cooperation between public authorities and criminally infiltrated companies, in order to pursue a path of emancipation from such dangerous situations, back to operating in a fully legal manner.
The research unit of the Scuola Superiore Sant’Anna, coordinated by Prof. Gaetana Morgante, will focus on the in-depth analysis of the dynamics of hybridisation of criminal law related to the model of the so-called “governmental” criminal law, with particular reference to those measures that impose on companies organisational compliance obligations to prevent illegal behaviour and/or stimulate virtuous behaviours, the violation of which is in some cases punished by autonomous non-criminal sanctions, which are independent of the occurrence of criminal offences. The aim is to develop conceptual guidelines to frame and to best regulate the different levels of manifestation of such models within contemporary criminal law.
The research unit of the Luiss Guido Carli University, coordinated by Prof. Antonio Gullo, will focus on the analysis of civil punitive offences and on the implementation of integrated compliance systems. The activities of the unit’s researchers will include: (i) the definition of the future perimeter of civil punitive offences, in order to verify opportunities and risks related to the reliance on such sanctioning instruments, also in matters different from those currently falling within the scope of application of these measures; (ii) the drafting of specific policy recommendations aimed at outlining the general regulatory framework of civil punitive offences, filling in the gaps related to several important issues, which still lack complete regulation, also from a procedural law perspective; (iii) the review, analysis and dissemination of the current best practices with respect to the possibility for companies to implement integrated compliance systems, also through the use of new technologies.
