Dissertations / Theses on the topic 'Responsabilità penale delle piattaforme'
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SALARDI, SILVIA. "La responsabilità penale delle persone giuridiche. Profili teorico-giuridici." Doctoral thesis, Università degli Studi di Milano-Bicocca, 2005. http://hdl.handle.net/10281/10323.
Full textD'ACRI, VENETO. "La responsabilità delle persone giuridiche derivante da reato." Doctoral thesis, Università degli Studi di Roma "Tor Vergata", 2009. http://hdl.handle.net/2108/974.
Full textCARLES, Roberto Manuel. "La responsabilità penale delle gerarchie politiche e militari nei crimini contro l'umanità." Doctoral thesis, Università degli studi di Ferrara, 2012. http://hdl.handle.net/11392/2389414.
Full textCompostella, Roberto. "Diritto penale ed intelligenza artificiale: il caso delle auto a guida autonoma." Doctoral thesis, Università degli studi di Trento, 2021. http://hdl.handle.net/11572/315957.
Full textCompostella, Roberto. "Diritto penale ed intelligenza artificiale: il caso delle auto a guida autonoma." Doctoral thesis, Università degli studi di Trento, 2021. http://hdl.handle.net/11572/315957.
Full textRICCI, Mena. "La responsabilità delle imprese multinazionali per crimini internazionali." Doctoral thesis, Università degli studi del Molise, 2015. http://hdl.handle.net/11695/66350.
Full textThe research activities within the framework of the PhD "People, businesses or jobs: domestic law to the international" made it possible to study and discuss a new subject of international law, i.e. "the responsibility of transnational corporations for international crimes". The research project has been structured on three sections devoted respectively to legal subjectivity of various MNEs liability profiles that may be related to transnational corporations and, finally, the criminal liability that may be disputed. As regards the first chapter, "The multinational enterprise as a multiform reality", the analysis focused primarily on the notion of multinational enterprise and its problem of eligibility of legal personality under international law of multinational enterprises. The Definitory profile has been the subject of an argumentative process that moved along the analysis of sources of international law and the modus operandi of the multinational companies. In light of this, the survey definition ended inclinations for a notion of multinational enterprise must be specified in concrete terms through its constituent elements. Ultimately, the multinational firm is an organization that carries on his production activity in countries other than the country of origin through affiliated companies, which, although they are classified as satellites of multinational companies, have legal personality and legal autonomy. Fixed issue Definitory, the investigation has focused on a complex issue, which has prompted the intervention of the most authoritative doctrine. On the other side of the debate that has been doctrinaire, currently you might lean towards the legal personality of multinational enterprises. The recognition that resulted was determined by a series of "symptomatic criteria". It is not limited to the reference to their participation in court proceedings and arbitral tribunals to ensure that the statutory rights (example you can indicate in the establishment of the Iran-United States Claims Tribunal dating from 1981, which was the subject of the report of the High Commissioner for human rights of the United Nations, where it has been explicitly declared guilty of multinational enterprise that is tolerant or ignores the facts private human rights criminals.). The first chapter is an introduction to the second chapter entitled "international legal regulation of the activities of transnational corporations". The second part of the thesis had such a scope object of investigation rather extended, which was not difficult to monitor because the underlying problems have found adequate responses through a doctrinaire, but especially through the intervention of the law and the work of the legislature. The activity of multinational enterprises is bound inexorably with the issue of social responsibility of multinational companies (referred to by the acronym CSR, Corporate Social responsibility). The only instruments capable of providing an adequate response to the conduct of disciplinary multinational enterprises can be found in the codes of conduct, also called ethical codes. The most important examples of codes of conduct, which were the subject of a detailed analysis, are to be found in the ILO Tripartite Declaration on multinational enterprises and social policy (1977/2000/2006), in the OECD Guidelines for multinational enterprises (2000-2011) and the United Nations Global Compact (2000/2010). For the sake of completeness, the second chapter systematically took account also of the so-called private codes of conduct, which documents voluntarily undertaken by transnational corporations involving non-binding standards and principles designed to govern the conduct of business on the market. It remains to consider the central part of the thesis that focuses on international responsibility of transnational corporations for international crimes. The third, fourth and fifth chapter are at the heart of the doctoral thesis, which refer to an international law which is unexplored and concentrate the many concerns of national and international doctrine. The research activity has been following a certain thread of investigation taking into account also that the research project is part of the doctoral cycle entitled "People, businesses or jobs: domestic law with international law". In other words, the survey took account of the responsibility of the criminal multinationals from the internal legislation of the Italian law, which as you know is marked by d.lgs. No. 231 of 2001. Beyond the structural choice that marks the third, fourth and fifth chapter, it is good to point out that the criminal responsibility of transnational corporations was allegedly operating scope defined. Indeed, the investigation has focused primarily on the admissibility of criminal liability of multinational corporations to international crimes, on particular toxins the tort and criminal disvalue. It is good to point out that international crimes are, generally, the exclusive jurisdiction of the International Criminal Court, without prejudice to the application of the principle of universal criminal jurisdiction. This ensures the jurisdiction of domestic Courts, which can review the unlawfulness of conduct offensive. In principle, there would be obstacles to recognise the criminal liability of multinational corporations to international crimes. But, in practice, the concerns persist. The first problem that has been addressed as far as the regulatory coverage. The analysis made it possible to compose an appropriate regulatory milieu, starting with the draft statute of the International Criminal Court and by authoritative doctrine and completing with the 2013 report of the Secretary-General of the United Nations. Then, the problem pertaining to legislation coverage is resolved, but what aroused immediate fix was the identification of the constituent elements of criminal responsibility of transnational corporations and, consequently, on charges of human rights violations. The responsibility of transnational corporations for international crimes, currently, you can resolve in a twofold way: 1. do not use the instrument of sanctions, but that would mean leaving unpunished the conduct of multinational enterprises; 2. report the conduct of transnational corporations to the host State. In this second case, are well known the consequence arising, suffice it to note that the international offence materially detrimental to the rights of individuals shall be subject to the jurisdiction of the State which is the author. On the other hand, as regards the first profile you run the risk of making go unpunished the conduct of multinational companies indirectly violating the principle of legality and the principles governing the international community. In other words, if the international law system propels the tools foreseen by examined above legislation protecting human rights can determine a double violation to the detriment of the latter. As a result, the need to activate suitable instruments under international law meant that we could use a suitable tool to experience the direct eligibility of multinational enterprises, i.e. the interpretation. It is known that the penal system rejects the analogy, but at the same time allows for broad interpretation. Using the interpretation the interpreter can use tools that are contained in the 2001 Draft, which takes into account the responsibility of the State. As a result, even for multinational enterprises will encounter as a result of the interpretation, the existence of the constituent elements of the tort. Therefore, it also configures in Chief for multinational enterprises the objective element of the violation of international standards and the subjective element relating to objectionable material behavior directly attributable. Thus both elements can be traced back directly to the conduct of multinational enterprises, which, as repeatedly explained, can be understood as active behaviour or conduct of omission. In other words, the conduct can be activated when companies violate directly for a profit its legal provisions for the protection of human rights, causing accident effects on individuals, who are placed firmly in the area where multinational enterprises operate; Instead, the conduct is of omission, when multinational companies fail to adopt prevention measures (which might correspond to so-called compliance programs) designed to reduce or eliminate offensive consequences resulting from their conduct to the detriment of human rights. Ultimately, ensured that the activity of multinational enterprises is covered by law from international organizations and acts deemed eligible for the interpretation of the essential elements constituting the tort State, multinational companies may be responsible for international crimes. In conclusion, the positive outcome was the result of a reconstruction that took the moves primarily by examples of national laws and found its ratio in the draft statute of the International Criminal Court, but nevertheless the choice event is not intended to be exhaustive of a subject that has significant operational and scope that was found to be connected with various factors (economicpolitical and social), not always easy to understand.
Galli, Elisabetta. "La responsabilità penale dell'ente da reato ambientale (d.lgs. n. 231/2001)." Doctoral thesis, Università degli studi di Padova, 2014. http://hdl.handle.net/11577/3423683.
Full textLa tesi di Dottorato affronta il tema dell’estensione della responsabilità penale degli enti di cui al d.lgs. n. 231/2001 ai reati ambientali. Esamina gli aspetti di innovazione di tale scelta normativa. Su sollecitazione europea, ed in specie delle direttive comunitarie n. 2008/99/CE sulla tutela penale dell’ambiente e n. 2009/123 sull’inquinamento provocato dalle navi, l’Italia ha emanato il d.lgs. n. 121/2011 che estende alle persone giuridiche la responsabilità per alcuni reati ambientali commessi nel loro interesse o vantaggio (inserendo l’art. 25-undecies nel corpus del d.lgs. n. 231/2001). Molte sono le questioni approfondite nel lavoro, tenendo conto dell’evoluzione dottrinale e giurisprudenziale: il rispetto delle indicazioni contenute nelle sopraccitate direttive; il catalogo dei reati-presupposti; la compatibilità del requisito dell’interesse o del vantaggio con le contravvenzioni (reati punibili sia a titolo di dolo sia di colpa), la possibilità di elaborare modelli di organizzazione, gestione e controllo che siano veramente efficaci nel contrastare il rischio-reato ambientale. Infine, si sono formulate alcune proposte, ad esempio, in tema di reati-presupposto o di modelli di organizzazione, gestione e controllo atti a minimizzare il rischio-reato ambientale, che tengano conto in particolare dei sistemi di gestione ambientale elaborati sulla base alle norme UNI/EN ISO 14001:2004 (International Organization for Standardization) e al Regolamento c.d. EMAS (Eco-Management and Audit Scheme).
PIVA, DANIELE. "Contributo all’analisi della responsabilità penale nelle organizzazioni complesse, con particolare riferimento all’impresa giornalistica." Doctoral thesis, Università degli Studi di Roma "Tor Vergata", 2008. http://hdl.handle.net/2108/202159.
Full textAfter an introduction that is focused on the general feature of the issue, and it’s relevance on the practical point of view, the first part of this work examines the different legislative techniques used for the individuation of the author of the crime in companies organized according to structural criteria of management such as: the division of duties and competences. The main techniques may be described as “ substantial”, when they refer to concepts like “direction” and “administration”, or “formal” when they consist in impersonal formulas or in the detention of a certain authorizing power. The examination of different laws is made with the aim of recognize its own meaning to any single rule, starting with definition of who could be liable for these crimes. The research is pursued with particular attention towards those general clauses that, in shame to the principle of “personal liability”, try to set the liability at the highest level of those companies. The main goal is to make a systematic reconstruction of the meaning of those rules, according to other rules operating in the same context, the peculiarity of the subject and especially their coherence with general principles like the so called “duty of guarantee” and the delegation of duties, That is also made to stop dangerous jurisprudential trends that raise “vertically” the liability in those companies and tend to modify the usual regime of evidences, especially for what concern the discipline of the delegation of duties. The second part of the work, according with the general statements made in the first part, analyzes deeply the criminal liability among journalistic companies. In this kind of companies the editor is usually liable, according to the art. 3 L. 47/1948. In spite of this general clause, there are many single crimes where other subjects are liable, for example the owner of the company and the publisher. The study wants to link the general rules of the code of law and the specific legislation, in order to recognize who should be liable for those crimes and making a distinction between the so called “Press crimes” and the crimes made by publication. The aim is to exclude that the editor may be holder of “duty of guarantee” for all those crimes linked with journalism, in order to delimitate his liability according to the general principle of personality of the punishment, which radically excludes any kind of “positional liability”. In the conclusions the results of the analyze are summarized and is underlined how the meaning of these rules, especially for the recognition of the author, should be red literally and together with the general principles of the chosen charging system, because a good interpretation should never go beyond the literal meaning of the law, and the observance of constitutional guarantees become fundamental in a subject where criminal punishments are inflicted.
GRECO, ELIANA. "LA COLPA DI ORGANIZZAZIONE NEL DIRITTO PENALE DELL'IMPRESA." Doctoral thesis, Università Cattolica del Sacro Cuore, 2018. http://hdl.handle.net/10280/50309.
Full textThis research proposal aims to analyse the specific paradigm of corporate criminal responsibility with special regard to its consistency with the requirements of criminal negligence. The analysis has shown that the corporate crime foreseen by Legislative Decree No. 231/2001 should be considered as a “special” offense of negligence which essentially acts as a breach of a precautionary duty: namely, a violation of a rule with precautionary objectives that imposes to the corporation the adoption of compliance programs aimed to prevent the occurrence of harmful events. The research aspires – from a de jure condendo viewpoint and by using a comparative approach focused on the English system of corporate criminal liability – to elaborate some reform proposals in order to modulate the culpability criteria on the type of offense that may actually occur and in relation to the judicial determination of adequacy of compliance programs.
GRECO, ELIANA. "LA COLPA DI ORGANIZZAZIONE NEL DIRITTO PENALE DELL'IMPRESA." Doctoral thesis, Università Cattolica del Sacro Cuore, 2018. http://hdl.handle.net/10280/50309.
Full textThis research proposal aims to analyse the specific paradigm of corporate criminal responsibility with special regard to its consistency with the requirements of criminal negligence. The analysis has shown that the corporate crime foreseen by Legislative Decree No. 231/2001 should be considered as a “special” offense of negligence which essentially acts as a breach of a precautionary duty: namely, a violation of a rule with precautionary objectives that imposes to the corporation the adoption of compliance programs aimed to prevent the occurrence of harmful events. The research aspires – from a de jure condendo viewpoint and by using a comparative approach focused on the English system of corporate criminal liability – to elaborate some reform proposals in order to modulate the culpability criteria on the type of offense that may actually occur and in relation to the judicial determination of adequacy of compliance programs.
Amalfitano, Antonio. "La responsabilità penale delle persone giuridiche in Europa : un' indagine teorica e comparatistica per la costruzione di un modello comune." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0133/document.
Full textThis juridic inquiry aim at definition of model of penal responsibility (or para-penal) forcorporations, trough a theoretical analyse of corporation’s personality nature. It hasdeveloped a responsibility model, with the purpose of combining the theoretical coherencewith an adequate generalization degree, for launch of harmonized rules to this matter in theEU. This purpose has run into certains difficulties, in particular it needed to: 1) convergecriminologies reasons with contemporaries concepts concerning risk, precaution's andprevention's principles; 2) face the problem of State’s legal person and his membersresponsibility; 3) to exceed deeps differences among nationals pragmatic systems andnationals systems most keen to doctrinal elaborations. In order to face this problems, i haveoperated a theoretical analyse of legals person’s responsibility, for a better definition of aimof the research (Cap. I). Forwards (Cap. II) it have ahead in a construction of a legalperson's model responsibility for European Union, with a particular attention for acomparative analyse systems (Cap. III) assumed in certains europeans nations (with aparticularly attention for Italian and France systems). The end result of this system isoriented to corporates responsibilities that, after a mass transfer of general interest frompublic service to privates services, corporates have to attend to relatives guarantees.Established the increase of social's insecurity level, i have produce a subjectif model ofcorporation’s organisation incorporated to an engagement of security position, that exceedthe traditional criterions of culpability
Aragona, Valentina. "Il nuovo diritto penale finanziario “algoritmico”: dalla rivisitazione delle categorie classiche alla responsabilità della persona fisica attraverso il rischio artificiale consentito." Doctoral thesis, Luiss Guido Carli, 2022. http://hdl.handle.net/11385/220159.
Full textIAVARONE, CARLA. "IL CASO DELLA LEGISLAZIONE PENALE ALIMENTARE. PROSPETTIVE E LIMITI DI UNA TUTELA INTEGRATA IN TEMA DI CRIMINALITA' SISTEMICA E RESPONSABILITA' DELLE PERSONE GIURIDICHE." Doctoral thesis, Università Cattolica del Sacro Cuore, 2020. http://hdl.handle.net/10280/73306.
Full textThe research represents the study of the perspectives and limits of strategies to combat agri-food crime, in particular on a large scale, also in a supranational perspective. The study suggests some proposals regarding agri-food economic crime and corporate liability.
IAVARONE, CARLA. "IL CASO DELLA LEGISLAZIONE PENALE ALIMENTARE. PROSPETTIVE E LIMITI DI UNA TUTELA INTEGRATA IN TEMA DI CRIMINALITA' SISTEMICA E RESPONSABILITA' DELLE PERSONE GIURIDICHE." Doctoral thesis, Università Cattolica del Sacro Cuore, 2020. http://hdl.handle.net/10280/73306.
Full textThe research represents the study of the perspectives and limits of strategies to combat agri-food crime, in particular on a large scale, also in a supranational perspective. The study suggests some proposals regarding agri-food economic crime and corporate liability.
emanuele, Birritteri. "I reati alimentari tra responsabilità individuali e degli enti collettivi : Tassonomia delle forme di intervento punitivo ed esigenze di riforma." Doctoral thesis, Luiss Guido Carli, 2021. http://hdl.handle.net/11385/210520.
Full textDimastromatteo, Francesco. "Responsabilità Sociale d' Impresa e modelli di organizzazione, gestione e controllo ex D.Lgs.231/2001." Doctoral thesis, Università degli studi di Trieste, 2010. http://hdl.handle.net/10077/3669.
Full textNella prima parte della ricerca indagheremo, in ambito economico-aziendale, il fenomeno della Responsabilità Sociale d’Impresa (RSI) cercando di tracciare un breve percorso per comprendere la nascita nell’impresa dell’esigenza di rendicontare le performance, non solo economiche, ma anche sociali ed ambientali, redigendo, accanto al bilancio d’esercizio anche quello sociale o di sostenibilità. Nella seconda parte cercheremo di dimostrare come l’interesse dell’impresa al controllo della regolarità e della legalità dell’operato sociale – in buona sostanza l’orientamento alla RSI – possa ridurre il rischio di incorrere nella responsabilità penale degli enti introdotta per la prima volta nel nostro ordinamento dal Decreto Legislativo 8 giugno 2001, n. 231. Inoltre, evidenzieremo che la responsabilità amministrativa degli enti rientra nel più ampio tema della responsabilità d’impresa e stimola l’adozione di regole sugli assetti di governo e organizzativi volti al controllo preventivo dei rischi ed a rafforzare la fiducia non solo degli investitori ma di tutti gli stakeholders. Infine, proporremo il percorso d’adozione dei Modelli organizzativi previsti dal Decreto/231 in un gruppo di imprese italiane che hanno comunicato il loro orientamento alla Responsabilità d’Impresa considerandolo parte integrante della visione aziendale
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PIVA, DANIELE. "Tecniche di individuazione del soggetto attivo del reato: contributo all’analisi della responsabilità penale nelle organizzazioni complesse, con particolare riferimento all’impresa giornalistica." Doctoral thesis, Università degli Studi di Roma "Tor Vergata", 2009. http://hdl.handle.net/2108/941.
Full textPanattoni, Beatrice. "L'impatto della rivoluzione digitale sul diritto penale dell'informatica. Verso nuovi modelli di responsabilità penale." Doctoral thesis, 2022. http://hdl.handle.net/11562/1069767.
Full textComputer science has deeply evolved since the second half of the last century. From the revolution of the computer to the opening of Internet to the public, we are now living in what can be defined the digital revolution, in which increasingly complex algorithms create a whirlwind of automated and autonomous digital processes, thanks to the large amount of data available (Big data), a greater computational power and machine learning techniques. This evolution created a paradigm shift. Digital technologies can no longer be framed within a purely instrumental paradigm, which conceives them as devices at the service of the user, but they have become “environmental” technologies, capable of influencing and shaping the social environment in which we live, and consequently our individual condition. These transformations affect the “material reality”, including therefore also criminal acts that are linked to IT processes. Two research questions will be articulated. The first will focus on the identification and conceptualisation of the implications of technological normativity in a specific sector of application, outlining which are the “transformative effects” of digital technologies on crimes, and then verify whether and to what extent they affect the criminal categories used to configure the applicable criminal offences. The results of this initial investigation will make it possible to highlight the shortcomings of the current forms of protection and whether there are any gaps in the legal protection. Moreover, they will provide the necessary concepts on which to articulate the second question of the research, providing the dogmatic-interpretative references within which to articulate the regimes of imputation of criminal responsibility that will need to be developed to fill any gaps that may have emerged. Therefore, moving on to the modes of criminal responsibility, it will be evaluated which ones are more suitable to prevent and fight forms of crime where “portions” of the material reality are ascribable only to the “action” of the computer code, or, alternatively, how they must adapt to the scenarios of the digital society. In other words, it becomes more and more urgent to elaborate an answer to the question of “who we hold responsible for what code does”. The case study on which the research will be focused will be limited to criminal acts related to the so-called social web, i.e., the diffusion of illegal content online, taking into account two sets of cases: “degenerations of public discourse” on the one hand, and “contents against the person” on the other. Once the transformative effects of digital technologies on Criminal Law categories will be outlined, the research will examine the resilience of criminal responsibility modes of the user. It will be highlighted how the “capacity to control” in digital society is progressively becoming inadequate in the context of criminal policies that intend to regulate it, due to the erosive action of its network reality, built by the contribution of both lines of code that constitute the software and algorithms that govern the web, and the various private actors that create, manage and implement this code. The final part of the research turns its attention to the forms of criminal responsibility of the private actors which stay “behind” technologies, which in the case under consideration are online platforms.
SOTO, SOLANO Miller. "LA RESPONSABILITÀ PENALE DEI PROVIDERS." Doctoral thesis, 2012. http://hdl.handle.net/11562/416337.
Full textThe thesis here presented after four year PhD, analyzes the criminal responsibility attributable to the Internet Service Provider. The work is developed in four chapters that concern respectively the international laws, the Italian legislation on criminal responsibility of the Provider, and the comparative analysis of foreign legislation. This analysis takes account of the way and the space around which constitutes the offense committed on the Internet and the relationship that exists between the active subject and the one proportional space in which or through which they commit the crime online : the Internet Service Provider.