Giustizia e imprese. L’intervento della magistratura tra repressione e cambiamento organizzativo

Judicial intervention is generally conceived as a mechanism for repressing organizational wrongdoing and enforcing legal rules. This article examines whether, and under what conditions, the judiciary may also influence processes of organizational change. More specifically, it investigates the role of judicial actors in shaping compliance practices and organizational responses to deviant conduct. The analysis draws on a multi-year empirical study conducted in Italy. The research combines an original database of 46 judicial cases involving large companies and multinational subsidiaries between 2010 and 2026 with interviews, organizational case studies, judicial records, and administrative data. The focus of the analysis is a practice developed by the Milan Public Prosecutor’s Office and the Milan Court based on the appointment of court administrators as a tool for restoring corporate compliance. The findings suggest that, in the cases examined, judicial intervention may extend beyond the interruption of unlawful conduct and influence the revision of internal procedures, control systems, and organizational arrangements. Rather than focusing on individual liability, the Milan practice targets the organizational conditions that enable misconduct, encouraging processes of organizational re-legalization, particularly in relation to outsourcing, contracting, and subcontracting chains. The article contributes to the literature on organizational wrongdoing and social control by examining a form of judicial intervention that combines elements of repression and organizational change. The findings suggest that judicial actors may influence the processes through which legal requirements are translated into organizational procedures and compliance arrangements. The article concludes by discussing the implications and limitations of this form of intervention and by outlining directions for future research.