Institutional portal - Municipality of Milan

Milan, February 18 2020 – Sono stati consegnati, durante una cerimonia nella Sala dell’orologio di Palazzo Marino, i due premi di laurea in memoria dell’avvocato Giorgio Ambrosoli, che ogni anno vengono assegnati a giovani laureati o ricercatori che abbiano approfondito il tema dell’etica applicata all’attività economica, attraverso una tesi di laurea magistrale o di dottorato.

This year's prizes, worth over 5 thousand euros each, were awarded to two master's degree theses by students of the Faculty of Law of the Catholic University of the Sacred Heart.

The first was won by Gaia Donati for the thesis "The populist drift", with the following motivation: "This is a thesis in criminal law that analyzes the phenomena of legislative and judicial populism. The candidate, first of all, delves into the terminological aspects regarding a word - populism - used in reference to very different manifestations. And precisely by analyzing these manifestations (distributed over the centuries), the candidate identifies their essential common elements and then places them in the relationship with representative democracy. Secondly, the thesis analyzes the dynamics that generate regulatory provisions of criminal law in relation not to objective needs of prevention and repression, but to collective fears promoted: in them is rooted a phenomenon, common today in Europe and overseas, which leads to a massive increase in indictments and the tightening of the sanctioning system. Therefore, the analyzes on the role of the mass media and the exploitation of the victim's prerogatives are important, as is the in-depth analysis of judicial populism. The thesis deserves to be rewarded for the centrality of the problem addressed, the identification of the pathological aspects, the broad cultural and value spectrum with which the work is imbued, the proactive dimension that concludes the work".

The second degree prize was awarded to Marco Manzetti for the thesis "Causes of non-punishability and criminal protection of share capital", with the following motivation: "This is a thesis in commercial criminal law which investigates the phenomenon of the non-punishability of crimes economic, a phenomenon that is not new but has flourished chaotically in the criminal legislation of our country in recent decades. The candidate first examines the general theories of the crime and the causes of non-punishment (or exemption from punishment); therefore he focuses on non-punishability in corporate criminal law, referring to the criminal liability of entities, to crimes to protect the truthfulness of corporate information and to tax crimes; finally, on the solid foundation of the two previous chapters, he enters into the merits of the causes of non-punishment in crimes which cause damage to the integrity of the share capital or of the reserves which are legally non-distributable (articles 2627 et seq. of the civil code. ). The candidate indicates that the way out of the current situation of legislative chaos is to include "non-punishment" in a wide-ranging general regulation which: discourages criminal conduct - tends to resocialize the guilty party (see Constitution, art. 27.3: " The penalties ... must aim at the re-education of the convicted person") - avoids that non-punishment can "be read as a reward, privilege or consequence of the late observance of the violated rule". The thesis deserves to be rewarded because it is compact, rigorously constructed, clear and convincing in its reasoning and in the conclusions it reaches".

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