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Italian Plea Bargain Clarification
Summary
Under Italian Legislative Decree 231/2001, a companys plea bargain is assessed independently from a natural persons plea. Even if a natural persons plea is rejected, the company may still pursue its plea, particularly if only pecuniary sanctions are involved. However, if non-pecuniary sanctions are involved, the companys plea might be evaluated differently. Consulting a legal expert is advisable for specific guidance on mixed sanctions.Full Conversation
Than why it states definito ovvero definibile a norma dell'articolo * del codice di procedura penale english answer
The phrase "definito ovvero definibile a norma dell'articolo * del codice di procedura penale" refers to situations where the judgment against the accused person is either already determined or can be determined under Article * of the Italian Code of Criminal Procedure. This article deals with plea agreements, and the phrase suggests that a plea agreement can be considered if the judgment is settled or can be settled under this article. In the context of companies under Legislative Decree */*, it means that the entity can request sanctions if the judgment against the individual is settled or can be settled under Article *.
So if its rejected not settled for natural person; it will not be accepted for entity
Under Italian law, even if a plea agreement for a natural person is rejected, this does not automatically mean it will be rejected for an entity under Legislative Decree */*. Each case is evaluated independently, especially if the entity faces only pecuniary sanctions. The rejection of an individual's plea doesn't necessarily affect the entity's plea.
Than why they said only accepted if imputato is definable or defined?
Case Rating: *
The phrase "definito ovvero definibile" implies that the plea agreement can be considered if the judgment is settled or can be settled. If a plea bargain for the individual is rejected, it does not automatically mean rejection for the entity. The entity’s liability is assessed separately, particularly for pecuniary sanctions.
Is there a specific aspect of the law you're trying to clarify or apply?
The phrase "definito ovvero definibile" implies that the plea agreement can be considered if the judgment is settled or can be settled. If a plea bargain for the individual is rejected, it does not automatically mean rejection for the entity. The entity’s liability is assessed separately, particularly for pecuniary sanctions.
Is there a specific aspect of the law you're trying to clarify or apply?
But they stated allowed if .. defined or definable to natural person
Case Rating: *
The key aspect here is that under Legislative Decree */*, the plea bargain for an entity is assessed separately from the natural person's plea bargain. The phrase "definito ovvero definibile" indicates the potential for a plea bargain if the judgment of the natural person is or can be settled. However, even if a natural person's plea is rejected, the entity's plea is evaluated independently, especially if it involves only pecuniary sanctions.
Is there a particular part of this law or situation you need more information about?
The key aspect here is that under Legislative Decree */*, the plea bargain for an entity is assessed separately from the natural person's plea bargain. The phrase "definito ovvero definibile" indicates the potential for a plea bargain if the judgment of the natural person is or can be settled. However, even if a natural person's plea is rejected, the entity's plea is evaluated independently, especially if it involves only pecuniary sanctions.
Is there a particular part of this law or situation you need more information about?
Doesnt it mean its not allowed of plea deal is not defined or definable to natural person?
Case Rating: *
Under Italian law, a plea deal for a company can still be considered independently of a natural person's plea outcome. If the natural person's plea is not defined or definable, it does not automatically mean the company's plea deal is not allowed. Each entity's liability and plea are assessed separately. Would you like more clarification on any specific part of this law?
Under Italian law, a plea deal for a company can still be considered independently of a natural person's plea outcome. If the natural person's plea is not defined or definable, it does not automatically mean the company's plea deal is not allowed. Each entity's liability and plea are assessed separately. Would you like more clarification on any specific part of this law?
I dont think so, see “ *. L'applicazione all'ente della sanzione su richiesta è ammessa se il giudizio nei confronti dell'imputato è definito ovvero definibile a norma dell'articolo * del codice di procedura penale nonché in tutti i casi in cui per l'illecito amministrativo è”
Case Rating: *
Under Legislative Decree */*, the plea bargaining process for companies is distinct and assessed separately. The term "definito ovvero definibile" refers to the potential for a plea agreement only if the judgment against the natural person is settled or can be settled under Article *. However, company liability is evaluated independently, especially for pecuniary sanctions.
Is there any specific aspect regarding the company's liability or administrative sanctions you'd like more clarification on?
Under Legislative Decree */*, the plea bargaining process for companies is distinct and assessed separately. The term "definito ovvero definibile" refers to the potential for a plea agreement only if the judgment against the natural person is settled or can be settled under Article *. However, company liability is evaluated independently, especially for pecuniary sanctions.
Is there any specific aspect regarding the company's liability or administrative sanctions you'd like more clarification on?
So company cant acess this if its not defined or definable
Case Rating: *
Under Legislative Decree */*, a company can request sanctions if the judgment against a natural person is defined or definable. However, rejection of a plea deal for a natural person doesn't automatically preclude the company from accessing its own plea agreement, especially if only pecuniary sanctions are involved. Each entity's case is assessed separately.
Would you like more information on any specific aspect of this law or its application to companies?
Under Legislative Decree */*, a company can request sanctions if the judgment against a natural person is defined or definable. However, rejection of a plea deal for a natural person doesn't automatically preclude the company from accessing its own plea agreement, especially if only pecuniary sanctions are involved. Each entity's case is assessed separately.
Would you like more information on any specific aspect of this law or its application to companies?
If not only pecuinary are involved?
Case Rating: *
Under Legislative Decree */*, if sanctions beyond pecuniary ones are involved, the company's plea bargain might be evaluated differently. The rejection of a plea deal for a natural person could influence the entity's outcome. It's essential to consult a legal expert for specific guidance on mixed sanctions.
Under Legislative Decree */*, if sanctions beyond pecuniary ones are involved, the company's plea bargain might be evaluated differently. The rejection of a plea deal for a natural person could influence the entity's outcome. It's essential to consult a legal expert for specific guidance on mixed sanctions.
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