Liability of Entities for Environmental Crimes: Analysis of Judgment No. 27148/2023
Judgment No. 27148 of May 17, 2023, represents an important reference point regarding the liability of entities for environmental crimes. Issued by the Court of Cassation, it clarifies the necessary conditions for an organizational and management model to be considered effective and, therefore, exempt from criminal liability for legal persons. This article aims to analyze the main aspects of the judgment, highlighting its significance and practical implications.
The Organizational and Management Model: Fundamental Requirements
According to the judgment, for the organizational and management model to have an exempting effect, it is essential that it be adopted in relation to the specific structure and type of business activity. This implies that each entity must personalize its model, making it suitable for its own peculiarities and specific risks.
- Clear definition of individual tasks and responsibilities.
- Concrete tools to prevent environmental crimes.
- Establishment of a supervisory body with control powers.
- Periodic review systems to ensure effectiveness over time.
Conditions for Exempting Effectiveness
Environmental crimes - Entity liability - Exempting effectiveness of the organizational and management model - Conditions - Guidelines. In the context of entity liability for environmental crimes, the organizational and management model, to have exempting effectiveness, must be adopted in reference to the specific structure and type of business activity, clearly and precisely defining individual tasks, responsibilities, and concrete tools aimed at preventing the commission of crimes against the environment. It must also be effectively implemented, except in cases referred to in art. 6, paragraphs 4 and 4-bis, of Legislative Decree of June 8, 2001, no. 231, through the establishment of a supervisory body endowed with concrete control powers, and the provision of periodic review systems that ensure the durability of that model over time.
The Court emphasizes that it is not enough to adopt a model; it must be effectively implemented. This means that companies must invest in staff training and in creating a corporate culture oriented towards legality. Furthermore, the supervisory body must have real powers to monitor and ensure the application of preventive measures.
Conclusions
Judgment No. 27148/2023 represents a significant step in the fight against environmental crimes, highlighting the importance of an adequate and implemented management model. Companies are called upon to seriously reflect on their internal organization and to invest in prevention, not only to avoid sanctions but also to contribute to a healthier and more sustainable environment.
