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Illegal Subcontracting

Acquitted in abridged procedure.

The Managing Director of […] S.r.l. has been acquitted “because the fact does not constitute an offence” from the charge of unlawful subcontracting (art. 21, Law no. 646/1982, as reformed by art. 25, Decree no. 113 of 2018, which changed its nature from culpable, to necessarily intentional, intervening on the definition of the nature of the penalties).
Accepted the defence’s argument that the provision of the condition precedent, pursuant to Articles 1353 – 1356 of the Italian Civil Code, making the effectiveness of the contract subject to the issue of the authorisation by the competent Authority, inhibits the integration of the fraudulent nature of the agreement.

Office XIV of the Judge for the Preliminary Hearing in Rome, ruling no. 349/2023 R.G., dated 30 January 2023.

Avv Carlo Zaccagnini | Studio Legale Carlo Zaccagnini - Roma e Milano

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