Categories: Insights, Publications


5 Oct 2017

The interest and advantage of the entity in the failed adoption of accident-prevention systems (Newsletter “Norme & Tributi” No. 117 – German-Italian Chamber of Commerce – Vittorio De Luca, Luciano Vella)

In a recent judgment, the Court of Fermo has maintained that, on the administrative responsibility of entities, there is no automatic mechanism that “makes the criminal responsibility of the legal representative of an entity result in the responsibility of the entity itself” regarding the crime referred to in Article 25 septies, Legislative Decree no. 231/01. This is so because this responsibility only applies if the crime has been committed in the interest or to the advantage of the entity itself, as these “concepts pertain to conduct and not to unlawfulness.” The case brought to the attention of the court concerns an accident at work occurred to a worker while he was using a press to get his job done. Even though the legal representative has been found criminally responsible, since he failed to comply with several obligations on safety at work, the Court has excluded the responsibility of the entity regarding the crime referred to in Article 25 septies, Legislative Decree no. 231/01. In fact, in the Court’s opinion, in the case at hand there is no proof that the entity has drawn a benefit from the crime committed by the legal representative “intended as benefit/utility obtained as an effect of the crime, in terms of considerable savings on expenses”, as this is a “mere underestimation of the risks and a bad consideration of the necessary prevention measures.”

 

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…

30 Jul 2026

Did you know that… an employee’s natural incapacity does not prevent the time limit for challenging a dismissal from running?

In judgment no. 23486 of 18 July 2026, the Joint Chambers of the Italian Supreme Court (i.e. “Corte di Cassazione”) held that the natural incapacity of an employee…

22 Jul 2026

An employee may not steer clients toward a competitor before resigning (Camera di Commercio Francese in Italia, 22 July 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 1723 of 26 May 2026, the Italian Supreme Court (Corte di Cassazione) confirmed the liability of an employee who, prior to the termination of his…

20 Jul 2026

Access to Naspi (Top24 Lavoro Ai – Il Sole 24 Ore, 20 July 2026 – Vittorio De Luca e Alessandra Zilla)

Regulatory Framework  The New Social Insurance for Employment (NASpI), introduced by Legislative Decree No. 22 of 4 March 2015, is the primary income support scheme for employees who…