Quel no delle sezioni unite alla «messa alla prova» per l’ente che spiana la strada ai non prosecution agreements

In its decision No. 14840/2023, the Court of Cassation denied that meta-individual entities can benefit from probation (art. 168-bis c.p.). This decision, however, risks paving the way for developments in the system that are even more subversive than those that the Court intended to prevent, i.e. forms of informal negotiation between the prosecutor and companies. Something similar to the US non-prosecution agreements, private agreements with the prosecutor that allow the entity under investigation, in exchange for the performance of restorative conduct, to avoid prosecution.