Commentary on Judgment No. 37751 of 2024: Corporate Liability and Dismissal

Judgment No. 37751, filed on October 15, 2024, represents an important ruling by the Court of Cassation concerning the criminal liability of entities, pursuant to Legislative Decree No. 231 of 2001. In this article, we will analyze the key points of the judgment, paying particular attention to the concept of the abnormality of compulsory indictment and its implications for companies involved in criminal proceedings.

The Regulatory Framework

Legislative Decree No. 231 of 2001 introduced the criminal liability of legal persons into our legal system, establishing that an entity can be held liable for offenses committed in its interest or to its advantage. However, the law provides that if the public prosecutor requests the dismissal of charges against a suspect, and this also occurs for the entity, compulsory indictment cannot be ordered.

Criminal liability of entities - Request for dismissal filed against the suspect - Dismissal order issued by the public prosecutor against the entity pursuant to art. 58 of Legislative Decree No. 231 of 2001 - Order for compulsory indictment issued also against the entity - Abnormality - Existence - Reasons. In the context of criminal liability of entities, an order is considered abnormal, as it represents the exercise of a legitimate power but is applied outside the cases permitted by law, when the judge for preliminary investigations, in response to a request for dismissal filed against the suspect by the public prosecutor, who has also independently dismissed, pursuant to art. 58 of Legislative Decree No. 231 of June 8, 2001, the proceedings for the administrative liability of the entity, orders compulsory indictment, not only with regard to the suspect but also against the entity. (In application of this principle, the Court annulled without referral the order by which the judge, following the objection of the injured party, had ordered the indictment of both natural persons and the entity, limited to the latter).

Implications of the Judgment

The Court has established that compulsory indictment against an entity, in the presence of a dismissal request, is to be considered abnormal. This principle is fundamental as it reiterates that, in case of dismissal, there is no room for an accusation that could fall upon the entity if the correct procedures have not been followed. This decision aims to ensure a fair balance between the demands of justice and the protection of entities from unfounded criminal proceedings.

• Clarity on dismissal procedures.
• Protection for legal persons from unjustified charges.
• Reaffirmation of the separation between individual liability and corporate liability.

Conclusions

Judgment No. 37751 of 2024 offers an important reflection on the criminal liability of entities and the methods of indictment. It highlights the need for strict adherence to legal procedures and correct interpretation of current regulations. Companies must pay particular attention to these dynamics, as criminal liability is an increasingly relevant issue in the current legal context. It is essential for entities to adopt adequate organizational models to prevent illicit conduct and protect themselves from potential legal consequences.