News
The special tenuousness of a fact does not exclude the liability of a legal person
- 26/03/2018
Article 131-bis of the Italian Criminal Code provides that, for some specific crimes, punishment is excluded when the damage caused is particularly tenuous.
With Judgment no. 9072 of 28th February 2018, the Court of Cassation has observed that the application of the special tenuousness of a fact on behalf of the natural person who has committed a crime, does not automatically exclude the liability of the legal person as set forth in Legislative Decree no. 231/2001.
The Court has nevertheless stated that, in such a case, a Judge has to ascertain the actual existence of the liability of the legal person in the interest and on behalf of which the natural person had committed the said crime.
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