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Criminal liability pursuant to Legislative Decree no. 231/2001: admissible the establishment of a civil party

  • 04/06/2019

The possibility to promote the civil action in a pending criminal proceeding against the legal person, pursuant to Legislative Decree no. 231 of 2011 is - due to the silence of the legislator on the point - one of the most controversial issues among those concerning the procedural profiles of the regulatory system relating to the administrative liability of a juridical person.

The Court of Trani, in the order of 7th May 2016 stated that the "extensive" thesis should be accepted, admitting the possibility for the injured party to claim for a damage compensation to the legal person, in the context of the criminal trial, ascertaining his responsibility for the administrative offense related to the crime.

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