Principali novità della riforma della giustizia penale “Cartabia” di particolare interesse per imprese e professionisti


The contribution analyzes the provisions of the so-called "Cartabia Reform” (Law 199/2022, converting Decree-Law 162/2022) which has an important relevance to professionals and companies, also with reference to the criminal liability of entities under Legislative Decree 231/2001. In particular, the author offers an in-depth examination of crimes that are frequently committed in the corporate context and that, following the enactment of the Reform, have become prosecutable upon complaint (by way of example: fraud, informatic fraud, theft and damaging). The focus is also drawn to the entry into force of the new prosecution regime and on the implications for tacit dismissal of the complaint. Secondly, the author analyzes the renewed discipline of restorative justice, which plays a key role both in terms of deflation of criminal proceedings and in terms of making the offender fully aware of his/her conducts. Such an instrument, moreover, might also find application with reference to entities charged or investigated under Legislative Decree 231/2001, under the light of some interpretation of the territorial courts.


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