With Legislative Decree 231/2001, a significant change has been introduced in the Italian legal system, providing for a form of liability, defined as administrative, but comparable, to all intents and purposes, to criminal law, against legal entities, companies or associations, even without legal personality (hereinafter, also the Entity and / or Bodies), for crimes (or rather for some crimes) committed in the interest or for the benefit of the Entity, by subjects linked to the Entity itself a thorough functional relationship.
The liability is comparable to the criminal one, both in terms of the severity of the sanctions, and in terms of guarantees for the application of the same.Among the crimes included in the Decree the most significant are those to the detriment of the safety of workers, the environment,
corporate (false corporate communications, undue return of contributions), against the public administration (fraud and corruption).
The list of crimes that can give rise to corporate responsibility is continuously updated and expanded.
The responsibility of the Entity, in relation to the crimes committed within the company organization, is in addition to the responsibility of the physical person who materially realized the crime. There is the involvement, in the punishment of the crimes, of the bodies in whose interest or advantage the crimes have been committed. With this rule we wanted to create a direct responsibility of firms and companies for crimes committed in their interest or to their advantage within their organization.
The Decree provides for the exclusion of liability of the Companies only if it proves that:
the company has adopted and effectively implemented, before the commission of the fact, a Model suitable for preventing crimes of the kind that occurred;
a Supervisory Body (ODV) is established, which has the task of supervising the functioning and observance of the Model and to take care of its update;
people have committed the crime by fraudulently eluding the Model.
Furthermore, the adoption of an Organization and Management Model (MOG) envisaged by Legislative Decree 231/2001 is a rewarding factor for companies that contribute to obtaining a higher Rating of Legality. The Rating can be spent in relations with the public administration to obtain contributions and facilitations, in relations with banks and soon in public tenders.In consideration of the above, it is essential to adopt a model of organization and management not only for companies that have relationships with Public Administrations (participation in tenders, public funding, etc.) but also for all those that risk to incur in business crime. e-lawyers with proven experience in the field of Legislative Decree. 231/01, is a reference for companies, institutions and cooperatives that want to have an effective organizational and management model, suitable for preventing the offense risks of 231, in the specific situations in which they operate.
Business auditing activities;
process of knowledge of the company and of the related risk sectors;
risk analysis in which the company is involved in drafting a truly effective MOG;
constant updating of the Model, as a consequence of legislative changes and changes in the reference markets