Corporate criminal liability

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Corporate criminal liability

Specialist sector of the Lawyer. Pierluigi Daniele

  • With Legislative Decree no. 231/2001, the Italian legislator introduced the principle of criminal liability of companies and (non-public) bodies, thus providing for a sanctioning system aimed at operating against legal entities, up to that date exempt from any and all methods of sentencing envisaged in the penal code and criminal procedure.
  • On the basis of what is expressly provided for in Chapter I, Sec. III, of Legislative Decree 231/2001, the crimes covered by the legislation in question can be divided into the following groups:
  • 1) undue receipt of funds, fraud to the detriment of the State or a public body or to obtain public funds and computer fraud to the detriment of the State or a public body (see art. 24 Legislative Decree 231/2001) ;
  • 2) computer crimes and illicit data processing (see art. 24 bis Legislative Decree 231/2001);
  • 3) organized crime crimes (see art. 24 ter Legislative Decree 231/2001);
  • 4) extortion, undue inducement to give or promise benefits and corruption (see art. 25 Legislative Decree 231/2001);
  • 5) forgery of coins, public credit cards, revenue stamps and identification instruments or signs (see art. 25 bis Legislative Decree 231/2001);
  • 6) crimes against industry and commerce (see art. 25 bis.1 Legislative Decree 231/2001);
  • 7) corporate crimes (see art. 25 ter Legislative Decree 231/2001);
  • 8) crimes with the aim of terrorism or subversion of the democratic order (provided for by the penal code and special laws, or in violation of art. 2 New York Convention of 9 December 1999 for the repression of terrorist financing, see art. 25 quater Legislative Decree 231/2001);
  • 9) practices of mutilation of female genital organs (see art. 25 quater 1 Legislative Decree 231/01);
  • 10) crimes against the individual personality (see art. 25 quinquies Legislative Decree 231/2001);
  • 11) market abuse (see art. 25 sexies Legislative Decree 231/2001);
  • 12) manslaughter and serious or very serious negligent injury, committed in violation of the regulations on the protection of health and safety at work (see art. 25 septies Legislative Decree 231/2001);
  • 13) receiving, laundering and using money, goods or benefits of illicit origin as well as self-laundering (see art. 25 octies Legislative Decree 231/2001);
  • 14) crimes relating to violation of copyright (see art. 25 nonies Legislative Decree 231/2001);
  • 15) incitement not to make statements or to make false statements to the judicial authority (see art. 25 decies Legislative Decree 231/2001);
  • 16) environmental crimes (see art. 25 undecies Legislative Decree 231/2001);
  • 17) employment of third-country nationals whose stay is illegal (see art. 25 duodecies Legislative Decree 231/2001);
  • 18) crimes of racism and xenophobia (see art. 25-terdecies Legislative Decree 231/2001);
  • 19) fraud in sports competitions, abusive gaming or betting and gambling using prohibited devices (see art. 25-quaterdecies Legislative Decree 231/2001);
  • 20) tax crimes (see art. 25 quinquiesdecies Legislative Decree 231/2001)
  • 21) transnational crimes (introduced by Law 146/2006 “Ratification and execution of the United Nations Convention and Protocols against transnational organized crime, adopted by the General Assembly on 15 November 2000 and 31 May 2001”).

The Professionals

studio legale daniele

Lawyer Pierluigi Daniele - Legal aid before the higher courts

Registered in the register of representatives before the higher judiciary. Expert in the subject in the chair of Bankruptcy Law at the Faculty of Economics and Business of the University of L'Aquila; Expert in the subject in the chair of Private Law at the Faculty of Law of the University of Teramo; Expert in the subject in the chair of Commercial Law at the Faculty of Law of the University of Teramo; Contract professor in the chair of Criminal Law at the Faculty of Medicine and Surgery of the University of L'Aquila for the A.A. 2007/2008 and 2008/2009; Carispaq Manager until 2018, of the Legal and Pre-litigation Service of Carispaq s.p.a., within which he carried out, in addition to management and consultancy activities, professional activity as a lawyer, registered in the special list of the L'Aquila Bar Association. Since 2008 he has been a professor of bankruptcy law at the School of Forensic Training in L'Aquila. Since 2010 he has been Mediator at the Forensic Mediation Body of the L'Aquila Bar Association. Since 2016 he has been appointed as a teacher for the training course for managers of over-indebtedness crisis proceedings pursuant to and for the purposes of the Ministerial Decree. 202/2014, organized by the Forum Aterni Foundation, by all the AOCs of Abruzzo and by the University of Teramo, on the theme of "The inspection tools of the attester in judging the veracity of company data". He has gained considerable experience, both in litigation and in consultancy, in banking, corporate, civil, commercial, bankruptcy, labour, administrative and criminal matters. He has similar experience in the field of corporate restructuring and in the management of all pre-litigation situations. He is a consultant for leading joint-stock companies for which he oversaw the adaptation to the disciplines dictated by Legislative Decree No. 231/2001 regarding the administrative liability of companies. In this context he has gained particular experience in the field of environmental crimes with particular reference to crimes relating to noise pollution and asbestos. He has gained considerable experience in healthcare matters, with particular reference to the responsibilities of the A.S.L., and of his employees, for damages from medical liability. He is a consultant to the top management of primary banking institutions and companies operating in the national territory, to which he provides legal assistance in contractual, judicial and extrajudicial terms.
085 9118832
studio legale daniele

Lawyer Francesco Daniele - Practicing before the Italian Judiciary - Practicing before the European and international Judiciaries

The lawyer Francesco Daniele has a master's degree in law, a doctor of physiotherapy and a master's degree in economic sciences. He also holds a second level master's degree in civil liability law and insurance law and a first level master's degree in neurocognitive rehabilitation. He is graduating from the second level master's degree in banking and finance. He is registered in the single register of professionals delegated to custody and judicial sales operations. His mission is to offer the customer a highly specialized service in a multidisciplinary field. His areas of interest are: civil law and civil liability, insurance law, administrative law, labor law, health law, industrial law, environmental criminal law and environmental law, European law, human rights, privacy and processing law data, pharmaceutical law, tax law, financial and corporate law applied to Italian, Swiss and United Arab Emirates law. An expert in international law and specifically in taxation and contracts in the United Arab Emirates, he offers consultancy to companies or people who want to open offices in the UAE, compete in this market and exploit its tax advantages. An expert in international law and specifically in Swiss law, he offers consultancy to companies and people who need high knowledge of Swiss law, Italian law and European law. The lawyer Francesco Daniele, in addition to being a jurist, is also an economist and offers business and managerial consultancy services in Italy, Switzerland and the United Arab Emirates, relating economic forecasts to a review of the relevant legal regulations. He speaks the following languages fluently: Italian, English and German.
085 9118832