Organised Crime and Corporate Criminal Liability in the Italian Legal System: Critical Reflections on the Incorporation of Association-Type Offences Under Legislative Decree No. 231/2001

auteur Federica Zazzaro
tijdschrift RIDP (ISSN: 0223-5404)
jaargang 2025
aflevering Responses to Organised Crime: Between Tradition and Innovation
onderdeel Organised Crime Between Transnational Dimension and Illicit Businesses and Trafficking
publicatie datum 18 mei 2026
taal English
pagina 223
samenvatting

This article examines the incorporation of association-type offences within the closed list of pred-icate crimes set forth by the Italian Legislative Decree No. 231/2001, analysing its systemic implications and theoretical tensions. It assesses the compatibility of Art. 24-ter with the principle of legality, highlighting how jurisprudence has progressively embraced a guarantee-oriented approach that confines liability to the organised crime itself, thereby excluding automatic extension to unlisted predicate crimes. The study investigates the evidentiary challenges of applying the “interest or advantage” criteria to open-ended criminal associations and underscores the risk of presumption-based attributions in cases of mafia-type infiltration. It further evaluates the impact of association-type offences on compliance programs, stressing the limits of compliance programs faced with inherently indeterminate criminal schemes. While recent case law mitigates expansive tendencies, significant uncertainties persist concerning precautionary measures, autonomous profit confiscation, and the preventive effectiveness of compliance systems. Within the European landscape, the Italian experience offers an important laboratory for understanding the intersection between organised crime and corporate liability.