The Impact of Organisational Factor on Negligence Offences in Italy

by Federico Consulich

In contemporary criminal law the negligent offense is frequently the poisoned fruit of improper planning of a complex activity and of a defective coordination of means and people. In short, crime is increasingly understood as a systemic error of an organizational nature. In recent years, Western regulators have started to understand this trend and have often contemplated the liability of the organization, basing it on the failure to prevent and correct dangerous behavior engaged in by its directors, officers, and employees. But how can we separate the misconduct of the individual from the negligence of the organization? The paper aims to identify the distinctive features of these two reproaches so as to understand their peculiar attributes.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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