Dal venire meno del «monismo» giuridico alla legittimazione del fenomeno auto-normativo. Il self-regulatory model nel sistema di responsabilità da reato delle persone giuridiche

[Autom. eng. transl.] The paper investigates the relationship between self-regulation and criminal liability of legal persons. From a de iure condendo point of view, a possible response to the automatism with which a part of the jurisprudence has often recognized in the recurrence of the predicate crime an index of unsuitability of the measures implemented is to be sought, enhancing public-private cooperation in the governance of risks of modernity: (i) on the one hand - and leading to further development of some trends that have already emerged in practice - in a greater positivization of cautions, which is able to better guide the "action" of companies, to be delegated to " intermediates "such as trade associations or independent administrative authorities (the sectorial nature of one and the other would not constitute a minus but would help to delineate the differentenzierte Maßfigur necessary for the judgment of guilt, a sort of organizational figure-model differentiated by sectors); (ii) on the other hand, in a more precise specification in the legislative context, through an amendment of articles 6 and 7 of Legislative Decree lgs. 231 or with the construction of an ad hoc regulation of the minimum contents of the model, which brings the guidelines of compliance back to uniformity. The contribution also makes a reference to the possibility of a case in point lawfully released from the fact of the natural person (an omissive offense that sanctions the non-observance of the duty to self-organize, in a similar way to the Anglo-Saxon system of the aforementioned Bribery Act and the Corporate Manslaughter anc Corporate Homicide Act): a model, that is, autonomistic and not personalistically mediated, of authentically original responsibility and due to the fact of the entity.