The regulation of the prescription pursuant to art. 22 d. lgs. n. 231/01 has stimulated several questions on which the jurisprudence of legitimacy has been called to intervene. According to the terminology used by the legislator, this regime would only concern administrative sanctions (and not the administrative offence), arranging...
The expression "aberratio" or "aberrant crime" refers to those hypotheses in which the agent realizes, by mistake in the means of execution or for any other cause, a crime other than the intended one, or causes an offense against a person other than the one he intended...
On the subject of corporate liability, in the presence of a declaration of prescription of the predicate offense, the judge, pursuant to Article. 8, co. 1, became. B, del d.lgs. 231/2001, must proceed with the autonomous assessment of the administrative responsibility of the legal person of the legal person in whose interest ...
In the matter of crimes relating to building violations, the demolition order of the unauthorized building is not subject to the discipline of the prescription established by art. 173 c.p. for criminal sanctions, having the nature of an administrative sanction of a restorative nature, devoid of punitive purposes and with effects that fall ...