23 Nov liability of legal persons

On the issue of liability of bodies pursuant to Legislative Decree. 231/2001, the offense alleged against the person must match the one called to serve as a basis for the liability of legal persons, but the separation of the procedural positions of some of the accused of the predicate crime as a result of the choice of alternative rites does not affect the complaint formulated against the entity nor does it reduce the scope of judicial cognition, the Judge having to proceed with the verification of the predicate crime in the same way as the full complaint of the offense formulated against the entity, ascertaining the existence or otherwise of other conduct carried out by the co-defendants in the interest or to the advantage of the organisation (Cass. 38115/19).