OMISSIONE IMPROPRIA E REATO ECONOMICO. LA RESPONSABILITÀ PER OMESSO IMPEDIMENTO DEL REATO ALTRUI

The dissertation deals with the theoretical model trough which is possible to retain someone criminally liable for an omission in preventing someone else to commit an economic crime. After a short introduction in Chapter 1, concerning the research outlines, Chapter 2 faces the general issue about the possibility to consider the crime committed by someone as the “event” mentioned by par. 40 of Italian Criminal Code. As far as this attribution is legally acceptable, in Chapters 3 and 4 the attention is focused on different specifications of the model, respectively in relation with traditional and economic crimes. The cornerstone of Chapter 5 is the identification of gatekeepers who have the duty to prevent crimes that could be committed in pursuing company business. Chapter 6 identifies and lists the powers granted to gatekeepers under Italian legal system in order to prevent the commission of crimes and shows how Courts test the suitability of such powers in single judicial cases. Chapter 7 is built on the description of the interpretive paths that Courts and Authors underwent to describe gatekeepers’ “malice”. Conclusions traces evaluation of the research and suggests other profiles which may deserve to be developed.