L’idoneità preventiva dei modelli di organizzazione nella responsabilità da reato degli enti: analisi critica e linee evolutive

Legislative decree n. 231/2001 poses on corporation the duty of adopting internal self-enacted rules of crime-risk prophylaxis, so-called organisational models. Compliant corporations can access a series of benefits that can be directly measured on a penal level – which might reach the stage of exempting from any liability – where such precautions prove adequate, that is, capable of preventing further crimes, and effectively implemented. The first part of the article aims at offering an updated and critical reconstruction of the requisite of adequacy, both from the point of view of scholarly elaboration and on the level of judicial application, thus outlining the component of preventive capability. With regard to this element, the second part of the article will analyse the realised or suggested attempts of rationalisation, all aimed at reducing the normative uncertainty about the effectively adequate model and at allowing the ‘benefit system’ to operate within the due safeguards.