ABSTRACT
There has been debate over whether and how companies can be held accountable for their adverse impacts on society and those of their subcontractors and/or suppliers in a global context. Building on positive steps around disclosure and due diligence, this chapter aims at reviewing and assessing the corporate liability for failure to properly act with due diligence to prevent certain offences under the Italian legal framework, i.e. Legislative Decree No. 231/2001. The chapter is divided into three sections. After an overview of recent developments in the area of business and human rights (B&HR), the second section reviews and assesses the Italian mode of liability that blends together ‘criminal’ law procedures with a due diligence defence. Its compatibility with the UN Guiding Principles on Business and Human Rights (UNGPs) is explored. In the final section, the chapter considers the ability of the Italian system to provide redress for victims of human rights violations occurring in the context of business activities.
