[Autom. eng. transl.] The essay offers a reflection on the political-criminal strategies in the prevention of money laundering, the result of international initiatives and measures taken by the European institutions that took place at the end of the 1980s, and also characterized in Italy, by the increasingly decisive involvement of the recipients of the regulation in active collaboration obligations. The anti-money laundering legislation, consequently, raises from the criminal law perspective, various problems regarding the boundaries of the responsibility of the individual members of the control bodies for non-compliance with the duties of active collaboration and for failure to prevent the facts of recycling put in place in the corporate context. Further concerns are raised in relation to the network of sanctions provided for by Legislative Decree n. 231/2007, characterized by profiles of indeterminacy and irrationality which, through the usual and never satisfactory recourse to the so-called postponement technique, make the reconstruction of the precepts and the related sanctioning consequences very complex.
|Translated title of the contribution||[Autom. eng. transl.] The public-private partnership in the prevention of money laundering and the problem of the guarantee position of the members of the corporate control bodies|
|Title of host publication||Scritti in onore di Mario Romano|
|Number of pages||44|
|Publication status||Published - 2011|
- gatekeepers liability
- money laundering
- posizioni di garanzia