The inapplicability to the entity of the particular tenuity of the fact recognized by the author (physical person) of the crime [L'inapplicabilità all'ente della particolare tenuità del fatto riconosciuta in capo all'autore (persona fisica) del reato]

With this sentence, the Supreme Court once again addresses the question of the applicability or otherwise of the non-punishable cause for particular tenuity of the fact to the entity, once declared not punishable pursuant to art. 131-bis of the Italian Criminal Code the perpetrator of an offense for a crime committed in the interest or for the benefit of the entity itself. In the wake already traced by previous conformists, the legitimacy judges reaffirm the negative thesis by retracing those systematic-teleological motivations that require to exclude any automatism between the possible recognition of the particular tenuity of the fact towards the author of the crime and the assessment of the entity's liability, whose autonomy is established by art. 8 of Legislative Decree no. 231/2001. Therefore, the jurisprudential orientation intervened on the point is strengthened, with the consequent recessiveness of the different interpretative thesis which would instead deny the permanence of liability following the application of the non-punishable cause for particular tenuity of the fact.