Premialità, collaborazione processuale e d.lgs. 231/2001: spunti per una riforma

The essay aims to explore the conditions under which it would be possible to introduce in the Italian legal system hypotheses of non-punibility for the corporation, liable under Legislative Decree No. 231/01, due to its trial collaboration in uncovering the offence committed by the individual. After having defined the notion of ‘reward’ criminal law, the author focuses on the legal rules governing non- punishability for individuals and notes the absence, in the Italian legal system, of similar hypotheses for legal entities. In view of this divergence between the two liability systems, the author examines the North American system of pre-trial diversion agreements from a comparative perspective, highlighting its advantages and criticalities. The analysis conducted by the author makes it possible to underline how it fully falls within the logic of the Legislative Decree 231/01 to introduce a cause of non-punishability for the legal entities that have offered a support to the legal authority in the discovery of the unlawful acts committed within the organization. However, the introduction into the legislative system of this cause of non-punishability in favor of the corporation would need to be framed within a comprehensive reform of the regulation of corporate liability. Without such a reform, there is a risk of multiple enforcement problems that are difficult to remedy in practice.