Environmental criminal law: Legislative Decree 81/2026 also reaches corporate liability

Legislative Decree no. 81 of 21 April 2026 implements Directive (EU) 2024/1203, which replaced Directives 2008/99/EC and 2009/123/EC on the protection of the environment through criminal law. The reform does not stop at adjusting the offences in the Criminal Code and in the testo unico ambientale (Italian consolidated environmental act): Title III of the decree expressly amends Legislative Decree no. 231 of 8 June 2001, widening the catalogue of predicate offences that trigger the administrative liability of entities and reshaping the sanctions under Article 25-undecies.

For companies the practical effect is twofold. On the one hand the range of conduct capable of triggering proceedings against the entity expands, with immediate consequences for risk mapping and for the protocols in the organisational model; on the other, exposure to sanctions grows, including disqualification measures, for supply chains so far treated as marginal from a 231 perspective. This is the moment to revisit the environmental special part of the model, check delegations and reporting lines to the supervisory body, and update the risk assessment in the light of the new offences.

Summary note by Studio Legale Petrali, based on official legislative sources (Gazzetta Ufficiale, Normattiva). This text does not reproduce third-party contributions and does not constitute legal advice.