News
A legal representative accused of an underlying crime cannot appoint his organization’s attorney
- 08/01/2018
With Judgment no. 56427 filed on 19th December 2017, the Italian Court of Cassation has stated that the legal representative of an organization, who is accused of an underlying crime, cannot appoint the organization’s attorney.
This rule derives from art. 39, paragraph 1, of Legislative Decree no. 231 of 2001, according to which a legal representative cannot represent his own organization where he himself is accused of an underlying crime, in that it is presumed that a conflict of interests between the organization and its legal representative exists.
Therefore, the appointment of that organization’s attorney, made by its legal representative, is to be considered null; the Judge, ex officio, will then appoint the organization’s attorney.
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