Implementing the delegation principle of the reservation of criminal law under article 1, par. 85, letter q) of Law n. 103 of 23rd June 2017, the criminal rules are supposed to be streamlined.
Since its coming into force (on 6th April 2018), Legislative Decree 21/2018 has included the introduction of article 3-bis in the Criminal Code, concerning: “New provisions defining crimes can be introduced in the legal system only if they amend the Criminal Code or are included in laws that discipline the subject-matter organically.”
The law states the already mentioned principle of Reservation of Criminal Law and, more specifically, establishes the transfer into the criminal code of several types of crimes that exist already but are regulated by the complementary legislation.
The practical result of this provision is shown, with regard to the crimes punished by Legislative Decree 231/2001, by the following amendments:
In compliance with the above amendments, entities that have already adopted an Organisational, Management and Control Model pursuant to Legislative Decree 231/2001 shall be required to update said model and the references to the relevant types of crimes.