La composizione negoziata della crisi d'impresa. Declinazioni non oppositive della partecipazione dei privati alle opzioni di politica criminale.

After a brief introduction on the value of interdisciplinary analysis, this paper evaluates the negotiated settlement of corporate crises in the context of penal policy and, in particular, the prevention of crimes covered by so-called “bankruptcy law” and now still provided for by the Corporate Crisis and Insolvency Code. The tool is appreciated for its characteristic features as a potential paradigm for crime prevention that is free from the deterrence model and the retaliatory dynamics of the “threat and sanction” type that still prevail today. Finally, an appeal is made to legal scholars to protect this and other non-punitive prevention instruments from the spread of penal risk and the re-emergence of deterrent and retaliatory approaches, by means of continuous calls for compliance with general institutions and fundamental principles of criminal law.