News
Criminal liability pursuant to d.lgs. 231/2001: the discharging effect
- 21/05/2019
With sentence no. 18842 of May 6, the Court of Cassation he reiterated that, with regard to Criminal liability pursuant to d.lgs. 231/2001, once the commission of certain crimes by natural persons performing high-level functions, acting in the interest or to the advantage of the company, has been ascertained, it is up to the aforementioned entities the burden, with liberating effects, to demonstrate that they have adopted and effectively implemented, before the crime has been committed, models of organization and management suitable for preventing offenses of the type of what is verified.
In this sense, the liability of the organization is based, in the system introduced by the legislative decree no. 231/2001, from the institution's failure to comply with the obligation to adopt the organizational and management measures necessary to prevent the commission of the crimes.
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