The SARS-CoV-2 pandemic had dramatic effects on every aspect of social life, including work in public and private organizations. Among the stratified and flooding anti-contagion rules issued – and constantly updated – both at a national and local level, as well as at a general and sector level, a relevant role is played by governa- tive provisions and agreed protocols aimed at containing the infection risk in the workplace. This paper tries to overcome, in the first place, doubts and different views on the relationship between Covid-19 anti-contagion measures in the workplace and the legal framework on health and safety in the workplace outlined by Legislative Decree no. 81/2008, proposing a systemic connection. Furthermore, the paper explores the potential profiles of criminal liability of individuals and corporations under art. 25-septies of the Legislative Decree no. 231/2001, highlighting – inter alia – the limits of negligence-based result crimes in assessing the causal link between conta- gion and injuries/death of the victim, as well as the rationale and the limits of art. 29-bis of the Law Decree no. 23/2020, converted into Law no. 40/2020, having the aim to reduce the area of ‘generic’ negligence. The frantic lawmaking of the past months, now seen as eccentric and driven by the pandemic emergency, could nevertheless anticipate – for certain aspects – the future of criminal law related to safety in the workplace.
The debate on the reform of corporate liability regulation, that for several years has been dormant, has recently rekindled, also following the experience of other legal systems. This research paper addresses the issue from the perspective concerning punishability. The broad range of legal arrangements that have been introduced into the legal system during the last few years – ranging from the fact judged as particularly tenuous to the suspension of the proceedings with probation – as well as instruments, such as “oblazione”, which have long been rooted and have spread in some strategic sectors of corporate crime, require a reassessment of the principle of autonomy with respect to corporate liability. Entrusting the solution of the problem to the rule set forth in Article 8 of Legislative Decree No. 231 of 2001 – therefore stating, in the light of the case-law, the absence of communication between reasons for exemptions from punishment applying to individuals and those applying to entities – must be reviewed in order to produce a set of instruments tailor-made for corporations. The aim of the paper is to analyze the conditions and prerequisites in order for the entity to be eligible in the future for “oblazione”, in the context of a broader reflection about rewards and about the options regarding exemption from punishment that should inspire a renewed corporate liability regulation in Italy.
The paper deals with the reformed article 348 of the Italian Criminal Code and its consequences on healthcare, usually affected by unlicensed practice more than other sectors. In particular, after assessing the main changes introduced by the so called ‘Lorenzin reform’, the paper focuses on cases of unauthorized practice in dentistry. Such offence, when committed by unlicensed dentists delivering their services through companies, may be even more harmful to clients and competitors, potentially calling for the application of corporate liability legislation (legislative decree 231/2001).
This paper addresses the issue of implementation of big data analytics techniques in public and private anti-corruption compliance, highlighting how this new practice can transform the current features of crime-risk prevention activities. The work is aimed at showing the potential benefits and risks related to the adoption of the said digital tools, as well as hypothetical future scenarios, including the perspective of regulating the use of such compliance systems also for purposes other than risk management.
Corporate criminal liability of small businesses aims at deterrence. In order to be compliant, however, these companies bear proportionally higher costs than medium-large companies: such a problem can be solved through collective actions and IT
Differently from the interpretation contra legem advanced by the Prosecutor Office, the supervisory body under article 31 bis 2.2° of the Spanish criminal code cannot be intended as a compliance officer. Following the Italian model, the legislator vested a body with the power to oversee directors and top managers, due to the impossibility to rely upon self-control of the said individuals
A brief commentary on the judgment by the Spanish Supreme Court delivered on 28th June 2018. In particular, the post criticises the Court’s reasoning behind the alleged necessity for a corporation to adopt compliance programs, in order to prevent the commission of offences within the corporation itself.
Intracorporate control on compliance programs aimed at preventing crimes is crucial in fighting corporate crime, being grounded on criminal law compliance and internationally widespread. This paper compares control measures in the Italian legal system (the supervisory body under Legislative Decree no. 231/2001) and in legal systems of Spanish language (especially Chile, Spain, Perù and Argentina), taking into account the US model of compliance officer as well as the most relevant standards. Notwithstanding the common precautionary aim, the various control models are notably different at a structural and practical level. At any event, among the crucial factors of an effective control there are the indipendency and the lack of conflict of interest by the supervisor, in connection with professional adequacy and sufficient resources. Furthermore, in selecting the best control techniques it is fundamental taking into account both the dimension of the single corporation and the business and legal-corporate framework
This paper analyses the fundamental outlines of the Spanish system of corporate criminal liability. Special attention is devoted to the rights and safeguards of the legal person accused of an offence within the criminal trial.
This article gives an overview of the Spanish law on criminal liability of legal entities, taking into account the approaches developed so far by the Spanish General Public Prosecutor and the Supreme Court. The Spanish legislation on the subject, introduced by Law 5/2010 and subsequently amended by Law 1/2015, is largely inspired by the Italian model based on Law 231/2001, but shows significant departures from that model, such as the provision of the so called compensation clause between the fines imposed on the legal entities and those imposed on individual defendants.