Il buio oltre la siepe. La colpa di organizzazione nella morsa dell’amministrazione giudiziaria

The phenomenon of interference between legal rules or institutions today draws on an interesting practical experience, represented by the point of convergence between the legislation governing the liability of legal entities and anti-mafia regulation. This intersection produces a reconfiguration of organizational fault which, when subjected to the measures of judicial administration, sees its preventive and reactive components put to the test. In particular, compared to the past, compliance programs and supervisory bodies are now required to address the anticipation and management of risks relating also to the commission of offences by third parties within the so-called value chain. This task aligns with the logic of sustainability, yet it is not expressly required by Legislative Decree No. 231/2001, and failure to comply with it gives rise to disruptive economic and reputational consequences.