The legislative decree. 231/2001 It introduced into our law a form of liability of legal persons, companies and associations for offenses (by individual) interest or profit collective body. In the European context the principle of criminal liability of legal persons was already a reality in many countries and it is from the legal experience that gave rise to the OECD Convention, of which Italy is a signatory and which the legislation at issue constitutes the transposition. Nominally this responsibility is labeled as administrative, however, numerous calls and expressed the legislature to penal discipline, conceal, in reality, an inherently criminal nature.
To ensure that you configure the liability of legal persons is necessary that the offense is committed by persons functionally related entity and that it was committed in the interests or to the advantage. The liability arises when the offense is committed: a) by people who are representatives, the administration or management of”institution or one of its organizational units with financial and functional independence, or by individuals who, even de facto, the management and control of the same; b) persons subject to the direction or supervision of one of the entities referred to in letter).
The Cuomo study & partners provides always-court advice and assistance and legal defense in the delicate area of criminal liability of legal persons.