Giuffré Editore, 2015.
The law of May 27, 2015, no. 69 introduces disruptive changes in the landscape of corporate crimes. In particular, the reference made by the offenses of false corporate communications (Articles 2621 and, for listed companies, 2622 of the Civil Code) to only material facts, without resorting, as in the previous regulation, to the clause ‘although subject to valuations’, excludes valuation estimates from the operation of false financial statements. For the first time, such valuations, which are indispensable elements for establishing the correctness of financial statements, remain outside these criminal hypotheses. The volume addresses the examination of the active subjects of the crime and then delves into the structure and characteristics of listed companies and those equivalent to them. The constituent elements of the crime are then examined in detail, concluding with an investigation into the relationships between the crime of false financial statements and the crimes of corporate bankruptcy and obstruction of supervision.

Giuffré, 2006.
Recent events that have shaken the tranquility of millions of savers, damaged by the default of large corporations (Cirio, Parmalat) or by unclear operations of certain banking institutions, make it necessary for the jurist and the “legal practitioner to focus on the regulatory mechanisms evidently unsuitable to effectively curb the occurrence of such phenomena. It becomes inevitable to closely observe the institutions that, at least on paper of regulatory provisions, would be functional in preventing misconduct by those who manage commercial companies, so that” attention falls on the “articulation of control instruments. The constitutional foundation of control in and on commercial companies justifies the” interest in the topic by criminal law, which has been influenced not only by changes in corporate law, but also by the even more recent partial reform introduced in the Consolidated Law on Finance with the Law of April 18, 2005 no. 62, issued based on a European directive on market manipulation, whose approval in Italy seemed inevitable following the Cirio and Parmalat scandals, which also seem to have awakened the “legislator’s interest in the matter of savings protection, as evidenced by the Law of December 28, 2005 no. 262. On this ground, the” interpreter is called to verify not only the characteristics of the incriminating norms that see as subjects those who obstruct the control function, but also the general criteria for “attributing criminal liability to control bodies: in particular to statutory auditors, auditors, and other independent bodies, such as Consob and the Bank of” Italy. An “extensive analysis of various corporate crimes, in which control bodies may be involved, is developed, examining the issue of guarantee positions that these subjects can assume within” the corporate system, in light of “Art. 40 of the Criminal Code, which introduces the principle of equivalence between the commission of the” event and the violation of the “legal obligation to prevent it. The” investigation then addresses the criminal implications of the responsibility of control bodies in relation to crimes such as false financial statements and improper corporate bankruptcy, which are closely connected to the functions performed by these subjects, as well as crimes specific to those in charge of control. The topic proves to be particularly current, also because problems related to recent economic scandals are addressed.

Giuffré, 2004.
The recent financial crises in Italy have brought to the forefront of public “attention the issue of behaviors” of directors and individuals responsible for control in commercial companies, recently addressed by Legislative Decree No. 61 of April 11, 2002.
Among the regulations introduced by this decree, the “misappropriation of assets, provided for in” Art. 2634 of the Civil Code, in particular, assumes a central role in depicting the conflict of “interests that leads the” director to act for themselves and to the detriment of the “entity of which they are a part; the” importance that this provision is destined to assume in the economic sphere also depends on its direct applicability to the banking and “financial intermediation sectors.
Article” 2635 of the Civil Code describes, for the first time in our legal system, the conduct of corruption carried out in commercial companies by directors and/or controllers.
This is a thought-provoking regulation that prompts reflections on the phenomenon of corruption in the private sector, as corruption manifests itself around centers of power on which the realization of particular interests depends.
This volume analyzes the actual scope of these provisions and constitutes an initial analysis of their practical operability, their adequacy in resolving criminal phenomena that are sometimes the cause of disastrous economic failures (as recent news highlights), while providing interpretative suggestions on regulations that are not easy to read