Liability of Entities for Environmental Crimes: Analysis of Judgment No. 27148/2023

Judgment No. 27148 of May 17, 2023, represents an important reference point regarding the liability of entities for environmental crimes. Issued by the Court of Cassation, it clarifies the necessary conditions for an organizational and management model to be considered effective and, therefore, exempt from criminal liability for legal entities. This article aims to analyze the main aspects of the judgment, highlighting its significance and practical implications.

The Organizational and Management Model: Fundamental Requirements

According to the judgment, for the organizational and management model to have an exempting effect, it is essential that it is adopted in relation to the specific structure and type of activity of the enterprise. This implies that each entity must customize its model, making it suitable for its own peculiarities and specific risks.

  • Clear prediction of individual tasks and responsibilities.
  • Concrete tools to prevent environmental crimes.
  • Establishment of a supervisory body with control powers.
  • Periodic review systems to ensure effectiveness over time.

The Conditions for Exempting Effectiveness

Environmental crimes - Liability of the entity - Exempting effectiveness of the organizational and management model - Conditions - Guidelines. Regarding the liability of entities for environmental crimes, the organizational and management model, to have exempting effectiveness, must be adopted in reference to the specific structure and type of activity of the enterprise, clearly and precisely outlining the tasks, individual responsibilities, and concrete tools aimed at preventing the commission of crimes against the environment, and must be effectively implemented, except for the cases referred to in Article 6, paragraphs 4 and 4-bis, Legislative Decree of June 8, 2001, No. 231, through the establishment of the supervisory body endowed with concrete control powers, and the provision of periodic review systems, which ensure the model's durability over time.

The Court emphasizes that it is not enough to adopt a model; it must be effectively implemented. This means that companies must invest in staff training and in creating a corporate culture oriented toward legality. Additionally, the supervisory body must have real powers to monitor and ensure the application of preventive measures.

Conclusions

Judgment No. 27148/2023 represents a significant step in the fight against environmental crimes, highlighting the importance of an adequate and implemented management model. Companies are called to seriously reflect on their internal organization and to invest in prevention, not only to avoid sanctions but also to contribute to a healthier and more sustainable environment.

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