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Articoli Correlati: foreign company - administrative liability - Italian law 231

On 7 April 2020, in the judgment 11626, the Criminal Court of Cassation has provided a rigorous interpretation on the subject of liability from crime of the entities on the basis of which the legal person is liable for the administrative offense deriving from a predicate crime for which there is national jurisdiction, if and when committed by its legal representatives subject to the direction or supervision of others regardless of its nationality and the place where it has its registered office, as well as the existence or not, in the country of origin, of rules governing a similar matter, also with regard to the preparation of organizational models designed to prevent the commission of crimes that are a source of administrative liability for the entity itself. In fact, this is a liability which, although autonomous, is in any case “derived” from the crime and therefore jurisdiction must be appreciated with respect to the predicate offense, noting anything that the fault in the organization and, therefore, the preparation of inadequate models, occurred at abroad.