Tag: Responsabilità penale delle società

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Cassation and Corporate Liability pursuant to Article 24 of Legislative Decree No. 231 of June 8, 2001. Request for Review.

Posted on by Fulvio Sarzana

  Can the director of a joint-stock company appeal to the Supreme Court of Cassation against a ruling by the Court of Review, in relation to the commission of crimes under Articles 316-ter and 640-bis of the Criminal Code, which are alleged against the company's legal representative? Yes, unless the Court of Review issues an order supplementing the Read more about Cassation and Corporate Liability pursuant to Article 24 of Legislative Decree No. 231 of June 8, 2001. Request for Review.[…]

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Corporate criminal liability. The particularly trivial nature of the act.

Posted on by Fulvio Sarzana

At the end of February 2018, the Supreme Court addressed an interesting issue regarding the administrative liability of entities arising from crimes. Specifically, the Judges of Piazza Cavour ruled on corporate liability, pursuant to Legislative Decree no. 231/2001, in cases where the defendant is deemed to be particularly trivial in the conduct. Read more about Corporate criminal liability. The particularly trivial nature of the act.[…]

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Corporate Criminal Liability and Financial Crimes. Legislative Decree 231/01

Posted on by Fulvio Sarzana

The Court of Cassation held that the entity's liability, pursuant to Legislative Decree 231/2001, exists even when the individual employee charged with the underlying crime has been acquitted for not having committed the crime. Specifically, the perpetrator of the underlying crime—an employee of the company—had been acquitted of the crime of stock market manipulation. http://www.avvocatopenale.net/

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