Categories: Insights

14 Apr 2011

Legislative Decree 231/01: the sanction application depends on when the “fact” occurs

Court of Cassation – criminal section, with sentence filed on April 12, 2001, stated that, concerning administrative liability of corporate bodies, the Company is liable even if the profit of the crime has been gained in a date before that Legislative Decree no. 231/01 becomes effective. For the Supreme Court, the principle of unlawfulness set on art. 2 of the Legislative Decree mentioned above subordinates the enforcement of sanctions to an express law provision “both related to a violation and the kind of sanction, specifying that the provision has to come into force before the fact”. In order to determine the enforcement of the sanction, it has to be considered the “fact”, this meaning the crime, being insignificant the time of achievement of the profit.  
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