Criminalità organizzata e responsabilità dell'ente

The article deals with the relationships between organised crime and the legislative decree 231/2001. It considers the aspects related to the interplay between enterprise, organised crime and corporate criminal liability for the ‘specific act depending on a crime’, analysing, in particular: the main issues related to the drafting technique of article 24 ter of the decree and, then, those related to the modality of inclusion of organised crime offences in the list of predicate offences; the systems of criminal infiltration in the economic fabric so as to detect the trade sectors that are more interesting for organised crime, the typology of ‘services’ offered and, as a consequence, the business and governance forms preferred especially by mafia-type organised crime; the relevance of the subjective criteria of responsibility and, finally, the relationships between the legislative decree 231/2000 and the ‘anti-mafia code’, with special reference to the relationship between ‘occasional facilitation’ and ‘organisational fault’.