Compliance. Responsabilità da reato degli enti collettivi

Translated title of the contribution: [Autom. eng. transl.] Compliance. Criminal liability of collective entities

Gianluca Varraso (Editor), Andrea Lionzo (Editor), Giulio De Simone (Editor), Enrico Ginevra (Editor), Castronuovo Donato (Editor), Negri Daniele (Editor)

Research output: Book/ReportOther report

Abstract

[Autom. eng. transl.] The introduction into the Italian legal system of liability for the crime of legal persons (Legislative Decree no. 231 of 8 June 2001), also in compliance with supranational obligations, represented an epochal turning point, both from the point of view of substantive law, both from the visual angle of the trial criminal, and from the perspective of the company organization. From the first point of view, the overcoming of the societas delinquere non potest principle - exploiting the guilt of organization of the collective body - marked a modernizing turn of the paradigms of classical criminal law. At the same time, the constant expansion of the catalog of predicate offenses requires, among other things, coordination with the discipline of the numerous special sectors intersected by the decree: from banking, financial and insurance law, to the environment, to workplace safety, to prevention. administration of corruption phenomena, up to asset prevention measures. In this context, the proprium of the Opera is given by the multidisciplinary and integrated approach to the discipline of liability for crime by legal persons. This is evident already from the different competences of the six Curators, belonging to the different branches of substantive criminal law, criminal procedural law, commercial law and business economics. In this way we offer a summary look at the material, which combines the dogmatic approach with attention to application profiles and living law. With this in mind, the Opera starts from the comment of the legislative decree n. 231/2001 (Part I), in its substantive, procedural and corporate-corporate aspects. In line with the multidisciplinary approach of the work, a double comment has been prepared for certain crucial provisions, distinguishing between criminal profiles (or trial-criminal) and company profiles. The discipline is supplemented by a detailed analysis of the implementing provisions, as well as of the regulatory provisions relating to the proceeding against the body (Ministerial Decree of June 26, 2003, n. 201). The subsequent Parties, on the other hand, give an account of the complementary disciplines which affect or intersect with the entity's liability for crime, from a substantial or procedural point of view. Think of the banking, insurance and financial discipline (Part III), the latter also examined under the visual angle of the ban in bis in idem; the entity's liability in the event of transnational crimes (Part IV); environmental and workplace safety regulations (Parts V-VI); anti-corruption and whistleblower protection (Parts VII-VIII). Particular attention is paid to prevention measures (Part IX), from a dual perspective. On the one hand, in fact, the interrelationships between the prevention and criminal proceedings are analyzed, even when aimed at ascertaining the liability of the entity for a crime: in this context, specific attention is dedicated to the relationship between asset prevention measures and seizures or confiscations "231". On the other hand, the new tools affecting corporate life prepared by Legislative Decree no. 159/2011, such as the judicial administration of assets related to economic activities (art. 34) and judicial control (art. 34 bis). The last Parts of the Work offer a broad picture of the investigative procedures concerning the entity's liability. In this regard, in a highly innovative perspective, attention is paid not only to the perspective of the public investigator (Part X), but also to the internal investigations (Part XI), of crucial importance especially for large-sized companies, insofar as they are aimed at bringing out facts that potentially lead to liability or damage to the image. transnational (Part IV); environmental and workplace safety regulations (Parts V-VI); anti-corruption and t
Translated title of the contribution[Autom. eng. transl.] Compliance. Criminal liability of collective entities
Original languageItalian
Publisherwolters kluwer italia srl
Number of pages1965
ISBN (Print)9788821770173
Publication statusPublished - 2019

Keywords

  • Compliance aziendale
  • Responsabilità da reato degli enti

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