I nuovi paradigmi premiali dell’autonormazione nel progetto di riforma del “decreto 231”

Abstract

This paper investigates two crucial issues related to the functional paradigm of preventive self-regulation regarding corporate criminal liability, analyzing the solutions offered in this regard by the very recent reform package (approved by the ministerial study table). (i) The first issue concerns the potential benefits to be granted to an entity that, having adopted reflective ante delictum models that are nevertheless deemed unsuitable, requests to be "put to the test" to address the shortcomings of the self-regulated product (Article 6 of the reform project proposes the extinction of the administrative offense). (ii) The second issue concerns the potential benefits that may arise from the adoption of autopoietic models "conforming" to guidelines or best practices (Article 4 proposes that the judge's dissenting opinion be supported by a burden of specific motivation).