Commentary on Judgment No. 14840 of 2022: Liability of Entities and Probation
Judgment No. 14840 of October 27, 2022, filed on April 6, 2023, represents an important ruling by the Court of Cassation regarding the regulation of the liability of entities provided for by Legislative Decree No. 231 of 2001. In this decision, the Court established the impossibility of applying the probation institute, as provided for by Article 168-bis of the Penal Code, to legal entities, emphasizing the specificity of administrative liability compared to criminal liability for individuals.
The Judgment and the Regulatory Context
In the reasoning of the judgment, the Court clarified that the probation for adults is conceived as a "penal sanction treatment," applicable to individuals and the crimes attributable to them. According to the Court, this approach cannot be extended to entities, as their liability refers to a "tertium genus," a third type of liability that does not coincide with that of individuals. This principle aligns with Article 25, paragraph 2, of the Italian Constitution, which establishes the principle of legality in criminal matters.
Discipline of the liability of entities "ex lege" No. 231 of 2001 - Suspension of proceedings with probation - Applicability - Exclusion. The institute of admission to probation referred to in Article 168-bis of the Penal Code does not apply with reference to the discipline of the liability of entities referred to in Legislative Decree of June 8, 2001, No. 231. (In the reasoning, the Court stated that the probation for adults has the nature of "penal sanction treatment," tailored to the individual defendant and the crimes abstractly attributable to them, not extendable, by the principle of the reservation of law, to entities, whose administrative liability refers to a "tertium genus").
Implications of the Decision
This judgment has several significant implications for the legal world and for companies. Among the most relevant, we can identify:
- Clarification of the distinction between criminal liability and administrative liability of entities.
- Inability for legal entities to resort to probation, limiting defense options in cases of administrative offenses.
- Reinforcement of the need for adequate compliance by companies to avoid sanctions.
This decision is part of a broader context of the evolution of regulations on the liability of entities, which has seen increasing interest from jurisprudence in distinguishing different forms of liability and their related sanctions.
Conclusions
In conclusion, Judgment No. 14840 of 2022 provides important food for thought on the issue of the liability of entities and the applicability of probation. It is essential that companies fully understand this distinction, as administrative liability can have significant consequences and entails a strict compliance obligation. Jurisprudence will continue to play a crucial role in further clarifying these issues and in defining guidelines for the liability of entities in the near future.
