Pursuant to the Article No. 1 of the Law 21st September 2000, No. 300, the Legislative Decree 8th June 2001, No. 231, has introduced a new form of “administrative” liability upon the legal entities, including associations without formal legal personality, for crimes committed by the individuals acting on behalf of such entities. The legal entities may be held liable directly and autonomously in respect of the individuals who have committed these crimes and so criminal proceedings before the Criminal Court are considered the best way to ensure such a corporate liability in respect of effectiveness and guarantees.
Therefore, for this specific thema decidendum there are particular legislative rules in addition to the Code of Criminal Procedure, the provisions of which are applied on a recall basis. An unusual legislative microcosm has come out and the research focuses on its analysis.
