Errare commune est. Il concorrente colposo, il nuovo protagonista del diritto penale d’impresa (e non solo)

Negligent complicity is becoming the standard tool to prevent corporate offences. However, there are still many questionable issues regarding the issue: there is uncertainty about the art. 113 of the Italian Criminal Code as a foundation of a criminal charge and about the characteristics of the negligent criminal contribution. A more recent ‘normative’ interpretation of negligent complicity, focused on the idea of role and on the notion of entitlement for the risk, faces a more traditional approach, oriented to the mental element of the agent, which requires the existence of a representation coefficient, variously declined by scholars, with respect to the behavior of the co-agents. Attempting to synthesize these different perspectives, the essay aims to identify the hallmarks of the negligent accomplice in current criminal law.