The Administrative Liability of Entities According to Judgment No. 37237 of 2024
Judgment No. 37237 of July 10, 2024, issued by the Court of Cassation, addresses a matter of great relevance in the Italian legal landscape: the administrative liability of entities pursuant to Legislative Decree No. 231 of June 8, 2001. In particular, the Court ruled on the non-applicability of the exclusion of liability for the particular triviality of the act in relation to crimes committed in the interest or advantage of the entity.
The Regulatory Context
The liability of entities is governed by Legislative Decree 231/2001, which provides for an autonomous liability regime for legal entities for crimes committed in their interest. The central question of the judgment is whether the exclusion of liability for the particular triviality of the act, provided for by Article 131-bis of the Penal Code, can be applied to entities. The Court clarified that, given the autonomous nature of the entity's liability compared to that of the natural person, this exclusion cannot be applied.
Analysis of the Judgment
Administrative liability of entities - Exclusion of liability for particular triviality of the act - Applicability - Exclusion - Reasons. The exclusion of liability for the particular triviality of the act is not applicable to the entity for acts committed in its interest or advantage by senior officials or individuals subject to their direction under Legislative Decree No. 231 of June 8, 2001, due to the autonomous nature of the legal entity's liability compared to the criminal liability of the individual who committed the underlying crime.
This passage highlights a fundamental principle: the entity is independently liable and cannot benefit from the same mitigating circumstances provided for individuals. The Court, therefore, excluded the possibility of applying the exclusion of liability for triviality of the act, emphasizing that the entity's liability must be assessed based on its conduct and cannot be mitigated by the particular triviality of the crime that generated the wrongdoing.
Implications for Companies
The consequences of this judgment are significant for companies operating in Italy. It is essential for companies to understand that administrative liability cannot be easily avoided, even when the crimes are of lesser severity. In this regard, it is useful to consider a few aspects:
- The necessity of implementing effective organizational and management models to prevent crimes.
- The direct liability of senior officials, which can result in severe penalties for the entity.
- The need for adequate legal advice to navigate the complexities of current regulations.
In conclusion, Judgment No. 37237 of 2024 provides important clarification on the liability of entities, highlighting the need for a proactive approach by companies to prevent the risk of sanctions.
