January 23, 2020
Cassation sentence no. 1420 of 2020 which confirms the separation between personal criminal liability and administrative liability of the body pursuant to Legislative Decree 231/01.
In particular, the principle is affirmed that even in the event of acquittal of the accused for "tenuity of the fact" pursuant to art. 131.bis of the Criminal Code, the administrative liability for the Entity remains.
Among the reasons, the failure to foresee the principle of "tenuity of the fact" among the causes of exclusion explicitly provided for by Legislative Decree prevails. 231/0 and the consideration that the jurisprudence has consolidated the principle of clear separation of the liability of the entity with respect to the criminal liability of the natural person who implements the predicate offense.
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