Notas sobre la responsabilidad de las personas jurídicas por los delitos en el sistema italiano, con particular referencia a la denominada ‘culpa de organización’

The text addresses the ‘ex crimine’ liability of legal entities in the Italian law. For this, it adopts new imputation criteria, that are based on the concept of ‘organizational defect’ to guarantee the full belonging of the offence to the legal entity, respecting the principles of personality and culpability. From this perspective, the imputation of the crime to the legal entity can be done by five levels of connection: I) the legal entity is the beneficiary of the crime; II) the offense has been committed by a subject in an apical or subordinate position in the entity; III) the crime occurred because of organizational failure; IV) before the commission of the offence, the legal entity has not adopted adequate mechanisms for the prevention of crimes of the same kind; V) the crime has been committed by a ‘fraudulent evasion’ of the organizational model