Malpractice, carenze organizzative e responsabilità degli enti. Quale ruolo per il diritto penale delle persone giuridiche?

[Autom. eng. transl.] The systemic and organizational criticalities recorded during the Covid-19 emergency are relaunching an assessment of the advisability of introducing an express form of criminal liability of legal persons operating in the health sector for acts of malpractice. Despite the suggestions linked to yet another leading role of Legislative Decree no. 231/2001, a reflection on the principle of extrema ratio and on the need to avoid cases of bis in idem for the institutions suggests caution and calls for think about less invasive and more limited reforms.