Abstract
[Autom. eng. transl.] The work aims to carry out a systematic analysis of the offense of the legal person, with the aim of seeking a methodological order functional to the critical reading of the concept of organizational fault and at the same time highlighting the traits of eccentricity or structural continuity with respect to to the classic model of criminal guilt. The investigation goes in the sense of believing that the case in point traces, albeit with the peculiarities that connote it, the characteristics of the culpable type of event, presenting itself first of all as a failure to comply with a prudential duty which is followed by the production of a damaging fact whose compliance the specific risk that the standard was aimed at reducing or avoiding must be ascertained from time to time by verifying the adequacy of the model. The analysis of the constitutive elements of the offense is followed by some revision proposals, based on the critical issues relating to the ascription mechanism and the criteria of empirical verifiability of the preventive system.
Translated title of the contribution | [Autom. eng. transl.] The offense of the entity dependent on a crime. Structural analysis of the type |
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Original language | Italian |
Pages (from-to) | 2091-2128 |
Number of pages | 38 |
Journal | RIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE |
Publication status | Published - 2020 |
Keywords
- Corporate Criminal Liability
- Responsabilità da reato degli enti, colpa, colpa di organizzazione