La compliance riparativa: un “giunto cardanico” tra responsabilità da reato degli enti e misure di prevenzione

The essay analyzes the application of the reaward policies provided for by the Italian law on corporate liability, with particular reference to the post factum adoption of a “virtuous” compliance program as a way to obtain a dismissal of the case ex art. 58 Legislative Decree no. 231/2001. Reactive compliance, also with an involvement of the judicial authority, has long characterized the legislation and practices of the anti-mafia preventative measures: administration and judicial control of companies and the so-called collaborative prevention (articles 34, 34-bis and 94-bis of Legislative Decree no. 159/2011). In the inter-pretation proposed by the Author, such measures outline a new system of sanctions for companies, in the context of which the public management and/or control of the companies can resolve the “criminal” proceedings, excluding the opportunity of penalties and/or the assets confiscation, on the condition that the reorganization proves to be responsive and restorative.