Criminal Law, Formal Administrator of a Company, Criminal Liability, Court of Cassation, I Section pen., Judgment n. 14615 of 04/03/2019

Art. 40, paragraph 2, penal code and art. 110 cp

Apparent administrator and de facto administrator, awareness of criminal designs.

Imputation of criminal responsibility to the administrator (so-called wooden head), in competition with the actual director.

Subject that accepts the role of administrator exclusively for the purpose of acting as a front-man, the mere awareness that the typical events of the crime (generic fraud) or the acceptance of the risk that these occur (fraud will) may result from his omissive conduct sufficient for the assertion of criminal responsibility.

Source Supreme Court of Cassation