RESPONSABILITÀ DA REATO DEGLI ENTI E RIPARAZIONE AMBIENTALE

Reparative measures and sanctions for legal entities are two key policy options for an effective response against environmental crimes. Italian environmental criminal law includes several reparative obligations or mitigations/exclusions of the penalty due to reparation activities. These legal provisions address just the criminal sanction for natural persons. However, a closer look at the remedial activities involved demonstrates that, commonly, the individual can comply with reparative obligations only by using the means of the corporation. Analyzing the interplays between the individual and corporate dimension of remedial activities for environmental crimes is the aim of this doctoral thesis, in order to identify flaws in the current legislation and to advocate the needing for rationally reforming the environmental reparation measures, involving primarily the corporation and fitting with rules and policy goals of the legislative decree 231/2001.