Can individuals be held responsible for the actions of a DAO?

Select jurisdiction

  • Germany
  • Italy


Basically not. The accused is the person against whom the criminal proceedings are directed. Insofar as criminal acts are realized externally as a result of the actions of the DAO, it must actually be investigated to what extent the shareholders can be accused of culpability in this respect. In German criminal law, culpability is the personal reproach ability of the act. This must be examined in each individual case.

Phil Hamacher

Insolvency, Tax, Crypto, DAO


Under Italian law, criminal liability is strictly connected
to the individual. This means that an individual may be
held criminally liable whether he/she/* committed the
relevant crime or at least participated to the commission
of such crime, with fraud or negligence.

Lydia Mendola

IP lawyer

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