Controllo del comportamento economico deviante ed evoluzione del diritto penale d’impresa

Contemporary economic criminal law reflects three fundamental dynamics that elucidate its evolution. The first concerns the privatization of regulation and control over economic behavior, leading to the proliferation of non-state rules of conduct applicable in criminal convictions. Secondly, it can be noted a shift from a factual typical behavior to a normative one, where mere breach of duty forms the basis for the criminal liability. It is the negligence offence, often characterized by omissive features, which plays a pivotal role in judicial practice. The third and final dynamic is the emergence of the preventive approach, particularly clear in the interplay between criminal law and preventive (administrative) measures. Within this landscape, criminal lawyers must uphold the principle that only clear and precise laws can define crimes and prescribe penalties: without such a fundamental principle, legitimacy in criminal law is compromised