Autonomous Quasi-Criminal Liability of Legal Persons and Anti-Corruption Compliance: a Lesson from the Public Sector

Abstract

After having emphasised that Italian criminal courts, in accordance with the principle of the autonomy of the corporate liability, tend to distinguish the quasi-criminal offence of the company from the criminal offence of its members, the article focuses on the risk-maladministration management in the public sector, describing its peculiarities and highlighting the expansion of this precautionary approach to private legal entities and beyond corruption crimes.