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Implementation of Legislative Decree 231/2001

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Criminal liability regime

The Legislative Decree 231 of 8 June 2001 introduces a regime of criminal liability for certain crimes committed or attempted by directors, employees and subjects under the management or supervision of companies, in the interest or for the benefit of the same; this responsibility is in addition to that of the natural person who materially carried out the fact. The adoption of an organizational model excludes the responsibility of the entity for the fulfillment of crimes by its employees or collaborators and the onerous consequences that the law places on the company.

Who is it for?

All Companies/Bodies, which intend to adopt an effective Organization and Management Model suitable to prevent the responsibility of the Company/Body for the crimes provided for by Legislative Decree 231/2001

Regime di responsabilità penale
Aims
  • EXEMPTION of the company’s liability for carried out by directors and employees (fraudulent circumvention of the model does not entail liability on the part of the company);
  • Greater supervision of risks related to the most significant business processes;
  • Improvement and optimization of business processes and strengthening of the CONTROL SYSTEM;
  • FACILITATION of access to BANK credit or for obtaining public funding;
  • QUALIFICATION REQUIREMENT: possibility to exhibit the Model 231 as a qualification requirement of the Register of suppliers and customers.
Features
  • Compliance Survey
  • Functional organisation chart analysis
  • Preparation of a system of delegation of functions
  • Verification of legislative compliance
  • Supervisory Board (SB)
  • Legal advice to the Employer
  • Legal advice on procurement
  • Training and information to all Personnel on proper knowledge and dissemination of the rules of conduct contained in the organisational model.
  • Organisational models for administrative liability

The liability of companies is excluded if, prior to the commission of offences, organisational, management and control models (“Models”) suitable for preventing such offences have been adopted and effectively implemented and a Supervisory Board has been set up.

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