Compliance Programs and Legal Entity’s Safeguards in Criminal Proceedings

The essay deals with the legal entity’s safeguards in criminal proceedings, with special reference to its rights of defense. The topic of the entity’s ‘exposure’ to liability risk and to the prejudice of its rights of defense emerges with reference to the ‘risk mapping’ in drafting the model, also in relation to the information flows among which are the news received through the so-called ‘whistleblowing’. We conclude that both the legal entity’s sensitive documents and the whistleblower report should be used to improve the preventive model, with the related guarantee measures in order to exclude that their virtuous use by the same entity could damage itself in the criminal trial