The contribution discusses the criminological concept of 'organizational crime' and its relevance for a critical re-evaluation of the Italian legal framework of corporate quasi-criminal liability, with a focus on negligent offences in general, and on corporate manslaughter in particular. While the system's alleged purpose is that of preventing criminal offences originating from forms of corporate culpability by pressuring legal persons into adopting compliance programmes based on risk assessment and risk management, its present outline appears to actually neglect crimes of negligence, which, on the contrary, would best fit this kind of preventive strategy, besides having the potential to produce mass victimization of great seriousness.
Visconti, A., Crimine organizzativo, in Piergallini, C., Mannozzi, G., Sotis, C., Perini, C., Scoletta, M., Consulich, F. (ed.), Studi in onore di Carlo Enrico Paliero, Giuffrè Francis Lefebvre, Milano 2022: 1327- 1343 [https://hdl.handle.net/10807/224353]
Crimine organizzativo
Visconti, Arianna
2022
Abstract
The contribution discusses the criminological concept of 'organizational crime' and its relevance for a critical re-evaluation of the Italian legal framework of corporate quasi-criminal liability, with a focus on negligent offences in general, and on corporate manslaughter in particular. While the system's alleged purpose is that of preventing criminal offences originating from forms of corporate culpability by pressuring legal persons into adopting compliance programmes based on risk assessment and risk management, its present outline appears to actually neglect crimes of negligence, which, on the contrary, would best fit this kind of preventive strategy, besides having the potential to produce mass victimization of great seriousness.
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