Legislative Decree N. 231/2001: The Stance Taken By The Italian Supreme Court On Conspiracy Crimes, The Compliance Programs/Guidelines Of The Trade Associations And The Control Activity Of The Vigilance Body



By decision filed on 24 January 2014, the Sixth Section of the Italian Supreme Court has passed judgement on the age-old quaestio concerning the crime of conspiracy as predicate offence pursuant to Legislative Decree n. 231/2001, as well as on the importance, if any, of the so-called ‘target offences’ of a criminal organization.

The company involved in the proceedings was challenged with the administrative offence under art. 24 ter paragraph 2 of Legislative Decree n. 231/2001, in relation to the commission of the predicate offence of conspiracy (art. 416 of the Italian Criminal Code), as well as with the offence under art. 25 undecies paragraph 2 of Legislative Decree n. 231/2001 concerning the breaches of the environmental rules provided for in Legislative Decree n. 152/2006. The criminal proceedings initiated against the individuals under investigation was also pending in relation to offences not included in the predicate offences to which Legislative Decree n. 231/2001 applies (such as, for instance, innominate disaster (art. 434 of the Italian Criminal Code), culpable removal or omission of precautions against workplace accidents (art. 437 of the Italian Criminal Code), water and food contamination (art. 439 of the Italian Criminal Code)).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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