L'illecito dell'ente nella teoria della colpa. Modelli emergenti e proposte di rinnovazione

Translated title of the contribution: [Autom. eng. transl.] The wrongdoing of the entity in the theory of guilt. Emerging models and proposals for renewal

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Abstract

[Autom. eng. transl.] If the legitimation of forms of Corporate Criminal Liability is now consolidated in Western legal culture, despite the resistance that emerged in the initial stages of this development, the imputative paradigms appear to be very different. The study investigates the need to rethink the ascriptive scheme typified by Legislative Decree 231/2001 and the possibilities of a model of original responsibility, emancipated from anthropic components: a structure that in the reflections of German-language literature of the Nineties meets secure dogmatic foundations. The investigation aims, at the same time, at the configuration of a system of self-responsibility and at the construction of a "general theory of crime" of the collective actor, distinct from that conceived for the natural person and defined through a process of similarity/differentiation that leads to a rereading of the classical categories, valorizing, de lege ferenda, that opposition between naturalism and normativism that also calls for emancipation from the models of illicitness received from tradition.
Translated title of the contribution[Autom. eng. transl.] The wrongdoing of the entity in the theory of guilt. Emerging models and proposals for renewal
Original languageItalian
PublisherGiappichelli Editore
Number of pages465
ISBN (Print)979-12-211-6042-0
Publication statusPublished - 2024

Keywords

  • Colpa, colpa di organizzazione, responsabilità da reato degli enti

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