Lexambiente (Apr 2020)
The imputation of the liability of entities in environmental crimes
Abstract
The decision of Court of Cassation n. 3157 of 2020 focuses on firm points regarding the criteria for imputing the liability of entities for administrative offenses resulting from the commission of environmental crimes, clarifying the content of the criteria for imputing liability as consisting of the advantage and profit for the entity, and excluding the need for violation of guidelines to which the entity's conduct must conform in order to recognize its administrative liability. These aspects and the possible impact of the lack of organizational models (and with them of their violation) on the principle of typicality are analyzed.
