La colpa di organizzazione tra responsabilità collettiva e responsabilità individuale

This article aims at analysing the problem of collective responsibility, with particular regard to the system of direct responsibilisation of legal entities. The starting point will be a preliminary comparison with the traditional model of individual responsibility observed in its evolution on the grounds of the increasingly broader area of economic criminality. In such a perspective, following investigations on the various criteria of attribution of the act of the representative to the represented, in the legal field, not only in Europe, two macro-classes of attributive paradigms used by the positive law of the different systems and respective penal sciences – defined, on the one hand, “metaphorical” and, on the other hand, “analogical” – have been detected. After identifying the Italian solution as a technique of formalisation of the attributive paradigm capable of being ascribed to the genus of analogical models, the Author analyses its contents asking whether it is possible to conquer also in this area a paradigm capable of protecting ndividual safeguards founded on a category of culpability analogous to that employed and imposed by the Constitution for the physical person. The conclusion is affirmative, in the sense that it is possible to build a really negligent model of corporate liability centred on corporate compliance models participating with the physical person into the whole unlawful act represented by the event-crime, according to the modalities of typical description of the offence similar to those of the ‘individual’negligent act.