Colpevolezza della persona fisica e colpevolezza dell'ente nelle manovre sulla pena delle parti

[Autom. eng. transl.] The author notes the increasing role of justice negotiated in the definition of criminal proceedings concerning the institution ex d. lgs. 231/2001. The negotiating agreements between prosecutors and legal persons await a convincing theoretical legitimacy that does not prejudice the personality principle of criminal responsibility. The practices of restorative justice and attempts to construct a guilt through active contributions of the defendant represent experiences that can be replicated also in the field of the responsibility of legal persons. Without falling into the fallacy of organic identification, it is necessary to conceive of a responsibility of the organization that relies on a culpability from failure to react to the offense, capable of extending to the consideration of the post-factum contributions of complex organizations, to be appreciated within the negotiations Between the parts. The lesson of international diplomacy gained in the so-called jus post bellum serves as a metaphor able to explain the role of impulse that the agreements on the sanction play in the perspective of an improvement of the anti-crime prevention, also through a cautious valorization of the functions of the organism of supervision as the guarantor of new and more effective compliance.