Taking a cue form Moretti case, Giorgio Altieri of Tonucci & Partners has contributed with an in-depth article published by HuffPost concerning the limits of corporate criminal liability of senior management in entangled corporate structures
The article analyzes the precondition necessary for attributing neglectful liability to a manager: the existence of a specific legal obligation to prevent the event, the omission of a concrete enforceable conduct and the causal way of associating that omission to the event that occurred.
The kernel of the discussion is the risk that the liability of a holding company’s CEO, in absence of particular obligations and specific indications of dysfunction, might become a liability related solely to hierarchical position. This perspective raises important queries also in light of the principle of trust and operational autonomy of subsidiaries.
This contribution offers a legal consideration on a particularly current topic, meant to fuel the discussion concerning the relationship among corporate governance, business organization and management criminal liability.
