Uno sguardo ai "piani nobili" del d.lgs. n. 231/2001

Main contents and potentialities of the Italian law on the administrative liability of corporations (d.lgs. n. 231/2001) are discussed, focusing on the features which should especially fostered by judicature in order to enhance a real compliance among corporations. The hindsight bias, namely the the inclination to see illicit behaviours that have already occurred as being more predictable by corporate managements than they were before they took place, should be avoided by judges and prosecutors. This entails also the acceptance of a certain degree of "organizational risk" of wrongdongs, as trade-off for the advantages of a climate within firms which favours informational fluxes, autonomous decision-making and thus higher rates of whstleblowing among employees and managers.