Organisational models pursuant to Italian Legislative Decree 231/2001
Italian Legislative Decree n° 231 dated 8 June 2001 introduced in Italy for the first time the criminal liability of legal entities – and thus that of business enterprises – with regard to certain types of crimes committed in the interest or advantage of the entity itself (known as “criminal corporate liability”). This liability is in addition to that of the natural person materially responsible for any wrongdoing. The aim is to be able to include the assets of the entities concerned in any sanctions and, ultimately, affect the economic interests of its shareholders.
Article 6 of Legislative Decree 231/2001, however, provides for a form of exemption from corporate liability if the entity concerned can prove – during criminal proceedings regarding any of the crimes in question – that it has adopted and effectively implemented model of organisation, management and control (also known as “Organisation and Management Model” or more simply “Organisational Model”) capable of preventing such a crime from being committed.
The Decree also provides for the setting up of a control body (the “Supervisory Body”) entrusted with the task of supervising the actual effectiveness of the Organisational Model.
Our firm assists its clients in the development and implementation of Organisational Models, as well as providing assistance in managing any issues concerning its implementation. More specifically:
- by identifying the employer (and related problems);
- by analysing and reviewing the safety and environmental organisational structure and the contents of all delegated powers;
- by drafting codes of conduct and ethics.
Our professionals are experienced in acting as members of the Supervisory Bodies of various client companies (publicly listed and otherwise) and can also support third-party Supervisory Bodies in conducting audits to verify compliance with Organisational Model protocols.