Reparation is gaining increasing recognition from the legislator and is taking on the connotations of an alternative model of penalty management. A proper cultural movement is pushing its entry into the criminal justice system for individuals, granting them increasing opportunities for exemption from punishment. In the field of the liability of legal entities, however, it does not seem that reparation can have as much luck and determine the non-punishment of the organization. Indeed, it appears appropriate that the elimination of the damage and the offensive consequences of the crime should only contribute to the sentencing of the penalty, but it should never exclude it altogether. The peculiarities of economic crimes, from the perspective of the liability of legal entities, advise against proceeding further, replicating what is happening for individuals: the risk is that an uncontrollable rebound effect could be produced for the generalpreventive system

La persona giuridica come centro di punibilità permanente

consulich
2025-01-01

Abstract

Reparation is gaining increasing recognition from the legislator and is taking on the connotations of an alternative model of penalty management. A proper cultural movement is pushing its entry into the criminal justice system for individuals, granting them increasing opportunities for exemption from punishment. In the field of the liability of legal entities, however, it does not seem that reparation can have as much luck and determine the non-punishment of the organization. Indeed, it appears appropriate that the elimination of the damage and the offensive consequences of the crime should only contribute to the sentencing of the penalty, but it should never exclude it altogether. The peculiarities of economic crimes, from the perspective of the liability of legal entities, advise against proceeding further, replicating what is happening for individuals: the risk is that an uncontrollable rebound effect could be produced for the generalpreventive system
2025
107
130
diritto penale, responsabilità da reato degli enti, riparazione, restorative justice
consulich
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2318/2083652
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