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Responsibility pursuant to Legislative Decree no. 231/2001: the non-applicability to the legal person of the particular tenuousness of the fact performed by the natural person
- 03/04/2019
The non-punishment cause of the particular tenuousness of the fact, as per art. 131-bis of the Criminal Code, it is not applicable to legal persons, which responsibility is attributed pursuant to Legislative Decree 231/2001. This principle was stated by the Court of Cassation, Section III criminal with sentence n. 11518 of 15 March 2019.
The declaration of non-punishment for particular tenuousness of the fact towards the author of the offense does not take effect, in fact, on the dispute against a legal person whose responsibility can still exist
NEWS
- 14/03/2024
The Court of Cassation, in its Order No. 34889 of 13.12.2023, ruled that banking or financing contracts that refer to a manipulated Euribor rate through a restrictive agreement by credit instituti...
- 12/03/2024
The Court of Cassation, in its judgment of 26 February 2024, no. 5068, ruled that "The transfer of a professional athlete from one sports club to another, in return for payment and before the natur...
Telephone services: 28-day billing unlawful according to the Court of Cassation
29/02/2024The Court of Cassation, Sec. III, in its judgment of 15.2.2024, no. 4182, ruled that "It is a misleading practice and therefore prohibited for a telephone operator to establish a payment frequency ...