Profili penalistici dei modelli organizzativi. Ambiente interno e ambiente esterno: interferenze relative al catalogo “231”

Abstract

The essay aims to analyze the intersections between the protection of the environment and the health and safety at work in the regulation on the corporate criminal liability pursuant to Legislative Decree no. 231 of 2001.
The analysis starts from the “fragmented” legislative process of introducing the respective crimes in the “231 catalogue” and develops along two lines – internal and external enviroment – in order to identify, on the one hand, actual and potential overlaps between the respective matters, and, on the other, the persistent regulatory failures able to undermine the system of legal persons’criminal liability.
The study was carried out by costant reference to the most relevant case law, particularly focused on the negative consequences that breaches of HSE legislation caused to workers, third parties and the community, reflected in the case study concerning the steelworks of ILVA in Taranto.