Brevi riflessioni su natura e caratteri della responsabilità degli enti collettivi per fatti delittuosi

Abstract

The Italian legal system predisposed a specific discipline against organized crime phenomena through legal entities, both when the corporate shield is an opportunity to commit crimes, and when it is created far that sole purpose. However, the legislative intervention has led to the adoption of a controversial discipline, often ambiguous in the distinction between a criminal and an administrative model of corporate criminal liability, causing many problematic profiles, upon which the paper tries to reason.

In first place, the configurability of a culpable offense of the legal entity. Secondly, the problem of the liability of the foreign entity for acts committed in Italy, since it is not clear which legal criteria is necessary to connect an entity to the national legal system.

By examining these issues, the paper aims to verify, also in a de jure condendoperspective, whether an administrative model of corporate criminal liability (instead of a criminal one) would lead to much more coherent solutions in terms of both linearity of the legislative discipline and efficiency of the punitive response