The Italian Supreme Court, Criminal Sections, rendered the decision n. 41136/2010, concerning the criminal responsibility for bankruptcy crimes of a non executive director of a company.
According to such decision, the Supreme Court confirmed the necessity of the "mens rea" requirement, meaning that
the non executive director is required to have the knowledge of "red flags" of the illegal activities conducted in the management of the company and the actual chance of intervention in order to stop the commission of the crimes.
Attached hereto the text of the decision.
Download: sent. 41136/2010