Interferenze fra accertamento della responsabilità dell'ente e procedimento penale a carico della persona fisica

The research is dedicated to the analysis of the proceeding ex Legislative Decree no. 231 of 2001, considering specifically the issue regarding the relationships between the corporation and the individual. The author firstly deals with the topic from a strictly procedural point of view, focusing on the study of the most relevant effects coming from the so called rule of simultaneus processus established by article 38 of the Decree. Later, the conflict of interest which may characterize the relationships between the corporation and the human defendant is analyzed. In the second half of the dissertation the work highlights how such a conflict – favored by the structure of the corporation wrongdoing and often not immediately noticeable by the main subjects of the proceedings themselves – could influence the applicability of the procedural rules, showing the necessity to elaborate adequate strategies in order to prevent from any infringement of the fundamental warranties which need to be ensured to the individual and to the corporation.