The fourth section of the Supreme Court distinguished the legal entity’s liability from that of the senior officers, perpetrators of the crime.
The Court ruled that the absence or the ineffective implementation of the organisational and management models (Articles 6 and 7 of Decree 231 and Article 30 of Legislative Decree no. 81/2008) do not rise ex se to the constituent elements of the entity’s offence. On the contrary, it is necessary to prove organisational fault (i.e. a set of measures capable of preventing the commission of offences of the type committed), by the Prosecutor, whereas the entity may prove the absence of such fault.
With regard to the liability of senior officers, the Court has found them liable for omissions and violations of preventive regulations; however, such conduct does not automatically result in the liability of the entity.
Supreme Court, criminal section IV, decision of 10 May 2022 no. 18413