Legislative decree n. 231/2001: the stance taken by the Italian Supreme Court on conspiracy crimes, the compliance programs/guidelines of the trade, associations and the control activity of the vigilance body - .PDF file.
By Raffaella Quintan, Antonio Carin, Benedetta Cicconi, Ilaria Curti, Raffaele Perfetto and Francesco Lalli
By two separate decisions, the Italian High Court (Corte di Cassazione) has recently pointed out some very significant aspects concerning the application of Legislative Decree No. 231/2001 (corporate criminal liability).
The judges of the Supreme Court have clarified the profile of the crime of conspiracy as a predicate offence to corporate liability, as well as set out the criteria on which to measure the actual importance of the trade associations’ guidelines (Confindustria) for the purpose of implementing the organisational models (compliance programmes/model 231).
The high court has also, for the first time, taken a stand on the operational modalities of the control activity carried out by the supervisory body…
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