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CRIMINAL LIABILITY OF LEGAL ENTITIES IN ITALY FOR ENVIRONMENTAL CRIMES AND UNI EN ISO 1400: WHAT ARE THE CONNECTIONS?
Abstract
Environmental crime, in a large number of cases, is an expression of corporate crime: from this it is evident that action must be taken, not only against the individual responsible for the crime, but also the legal entity, increasingly playing a leading role, since an environmental crime is the result of a corporate policy that fails to safeguard the surrounding environment. In Italy, administrative liability (which actually amounts to criminal liability) of legal entities, companies and associations, including those without legal personality (Italian Legislative Decree no. 231/2001) has been introduced. Since 2011 bodies – and principally companies – have been held criminally liable for a number of environmental crimes committed by a person in a senior position or by a person subject to management or supervision. The punitive system is capable of having significant impact on the activities conducted by companies: through the application of interdictory sanctions, as well as fines for any situation envisaged in the list of predicate offences, and the ability, at any time, to order confiscation, also by way of equivalent measures. The body will not be held liable if, before committing the crime, it set up an adequate organisational, management and monitoring model. In the absence of precise legislative references, made by the relevant law-makers, to provide guidelines on which an adequate organisational, management and monitoring model should be based, it is unclear what sort of guiding role the international environmental standard UNI EN ISO 1400 actually has. The study intends to probe any points of reference that may be used by the body to put together the organisational, management and monitoring model and any existing differences.
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