Uno sguardo ai "piani nobili" del d.lgs. n. 231/2001

Gabrio Forti

Uno sguardo ai "piani nobili" del d.lgs. n. 231/2001

Translated title of the contribution: A look at the noble plans of Legislative Decree no. 231/2001

Gabrio Forti

Research output: Contribution to journal › Article › peer-review

Abstract

Main contents and potentialities of the Italian law on the administrative liability of corporations (d.lgs. n. 231/2001) are discussed, focusing on the features which should especially fostered by judicature in order to enhance a real compliance among corporations. The hindsight bias, namely the the inclination to see illicit behaviours that have already occurred as being more predictable by corporate managements than they were before they took place, should be avoided by judges and prosecutors. This entails also the acceptance of a certain degree of organizational risk of wrongdongs, as trade-off for the advantages of a climate within firms which favours informational fluxes, autonomous decision-making and thus higher rates of whstleblowing among employees and managers.

Translated title of the contribution	A look at the noble plans of Legislative Decree no. 231/2001
Original language	Italian
Pages (from-to)	1249-1298
Number of pages	50
Journal	RIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE
Volume	2012
Issue number	4
Publication status	Published - 2012

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 13 Climate Action
SDG 16 Peace, Justice and Strong Institutions

Keywords

CORPORATIONS
CRIMINAL LAW
DIRITTO PENALE
LIABILITY
PERSONE GIURIDICHE
RESPONSABILITA'
RISCHIO
RISK

Cite this

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title = "Uno sguardo ai {"}piani nobili{"} del d.lgs. n. 231/2001",

abstract = "Main contents and potentialities of the Italian law on the administrative liability of corporations (d.lgs. n. 231/2001) are discussed, focusing on the features which should especially fostered by judicature in order to enhance a real compliance among corporations. The hindsight bias, namely the the inclination to see illicit behaviours that have already occurred as being more predictable by corporate managements than they were before they took place, should be avoided by judges and prosecutors. This entails also the acceptance of a certain degree of {"}organizational risk{"} of wrongdongs, as trade-off for the advantages of a climate within firms which favours informational fluxes, autonomous decision-making and thus higher rates of whstleblowing among employees and managers.",

keywords = "CORPORATIONS, CRIMINAL LAW, DIRITTO PENALE, LIABILITY, PERSONE GIURIDICHE, RESPONSABILITA', RISCHIO, RISK, CORPORATIONS, CRIMINAL LAW, DIRITTO PENALE, LIABILITY, PERSONE GIURIDICHE, RESPONSABILITA', RISCHIO, RISK",

author = "Gabrio Forti",

year = "2012",

language = "Italian",

volume = "2012",

pages = "1249--1298",

journal = "RIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE",

issn = "0557-1391",

publisher = "Giuffre Editore Spa:via Busto Arsizio 40, I 20151 Milan Italy:011 39 02 38089200, EMAIL: [email protected], INTERNET: http://www.giuffre.it, Fax: 011 39 02 38009582",

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AU - Forti, Gabrio

PY - 2012

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N2 - Main contents and potentialities of the Italian law on the administrative liability of corporations (d.lgs. n. 231/2001) are discussed, focusing on the features which should especially fostered by judicature in order to enhance a real compliance among corporations. The hindsight bias, namely the the inclination to see illicit behaviours that have already occurred as being more predictable by corporate managements than they were before they took place, should be avoided by judges and prosecutors. This entails also the acceptance of a certain degree of "organizational risk" of wrongdongs, as trade-off for the advantages of a climate within firms which favours informational fluxes, autonomous decision-making and thus higher rates of whstleblowing among employees and managers.

AB - Main contents and potentialities of the Italian law on the administrative liability of corporations (d.lgs. n. 231/2001) are discussed, focusing on the features which should especially fostered by judicature in order to enhance a real compliance among corporations. The hindsight bias, namely the the inclination to see illicit behaviours that have already occurred as being more predictable by corporate managements than they were before they took place, should be avoided by judges and prosecutors. This entails also the acceptance of a certain degree of "organizational risk" of wrongdongs, as trade-off for the advantages of a climate within firms which favours informational fluxes, autonomous decision-making and thus higher rates of whstleblowing among employees and managers.

KW - CORPORATIONS

KW - CRIMINAL LAW

KW - DIRITTO PENALE

KW - LIABILITY

KW - PERSONE GIURIDICHE

KW - RESPONSABILITA'

KW - RISCHIO

KW - RISK

KW - CORPORATIONS

KW - CRIMINAL LAW

KW - DIRITTO PENALE

KW - LIABILITY

KW - PERSONE GIURIDICHE

KW - RESPONSABILITA'

KW - RISCHIO

KW - RISK

UR - https://publicatt.unicatt.it/handle/10807/41288

M3 - Articolo

SN - 0557-1391

VL - 2012

SP - 1249

EP - 1298

JO - RIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE

JF - RIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE

IS - 4

ER -

Uno sguardo ai "piani nobili" del d.lgs. n. 231/2001

Abstract

UN SDGs

Keywords

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