Corporate liability: the Italian Supreme Court extends the scope of application of Legislative Decree No. 231/2001

The Italian Supreme Court has reconsidered the possibility of applying Legislative Decree No. 231/2001 not only to the offence of conspiracy, but also to the so-called target offences of a criminal organisation, taking a different stance from the one it took in the famous Ilva case.

In the Ilva Case, the Supreme Court had quashed the seizure order issued against the involved companies on the grounds that the order had been adopted on the basis of offences not contemplated in the decree. The court thus prohibited to use, in a specious manner, the challenge of the target offences of conspiracy, reasserting the need to comply with the principle of peremptoriness to ensure actual effectiveness of the compliance programmes in terms of prevention…

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