The Italian Supreme Court establishes corporate criminal liability over foreign companies that fail to prevent crimes committed by their associates

The Italian Supreme Court issued decision No. 11626 of April 7, 2020, establishing jurisdiction in corporate criminal liability cases under Legislative Decree No. 231/2001 (“Decree”) over foreign companies that fail to prevent crimes committed by their associates in Italy. As a consequence of this ruling, foreign companies are required to implement compliance programs that meet the standards provided by the Decree in order to avoid liability. By establishing these principles, the Supreme Court aligns the interpretation of the Decree with other anti-corruption laws having an extraterritorial reach, such as the Foreign Corrupt Practices Act in the United States, the Sapin II law in France, and the UK Bribery Act. Corporate criminal liability in Italy Legislative Decree No.

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  • Portolano Cavallo (Milan)
  • Portolano Cavallo (Milan)

Quotation

Ilaria Curti, Gaia Accetta, The Italian Supreme Court establishes corporate criminal liability over foreign companies that fail to prevent crimes committed by their associates, 7 April 2020, e-Competitions April 2020, Art. N° 100063

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