The wrongdoing of the entity in the theory of guilt

If the legitimation of forms of Corporate Criminal Liability is now consolidated in Western legal culture, despite the resistance that emerged in the initial phases of this development, the imputative paradigms appear to be very different. The study investigates the need to rethink the ascriptive scheme typified by Legislative Decree 231/2001 and the possibilities of a model of original responsibility, emancipated from anthropic components: a structure that in the reflections of German-language literature of the Nineties meets secure dogmatic foundations. The investigation aims, at the same time, at the configuration of a system of self-responsibility and at the construction of a "general theory of crime" of the collective actor, distinct from that conceived for the physical person and defined through a process of similarity/differentiation that leads to a rereading of the classical categories, valorizing, de lege ferenda, that opposition between naturalism and normativism that also calls for emancipation from the models of illicit received from tradition.