La responsabilità penale del componente dell’Odv. Spunti per una nozione di potere impeditivo e una prospettiva de lege ferenda

[Machine translation] The essay focuses on the issue of criminal liability for omission of the member of the, supervisory body. The topic is explored in depth not only through an analysis of Italian case law, and criminal law doctrine, but also through an interdisciplinary and comparative approach. The, study lays the foundations for developing a concept of preventive power, a fundamental, prerequisite for the offence of omission under Article 40(2) of the Italian Criminal Code. Finally,, it provides an outline for future reform., The essay explores the many problematic aspects related to the sometimes hypothesized omissive insolvency liability of the component of the supervisory body (ODV) pursuant to Legislative Decree 231 of 2001. The topic is addressed and deepened not only thanks to the analysis of Italian law and doctrine, but also thanks to an interdisciplinary and comparative approach. The study also lays the basis for outlining a concept of impeding power, an essential element of the improper omissive case referred to in art. 40 paragraph 2 of the Italian Civil Code. Finally, some ideas are provided for a future reform.