Legislative Decree 231/01 introduced the “administrative” liability of entities for the commission of certain offences, specifically indicated by the legislator, into the Italian legal system. It therefore allows to punish (with pecuniary sanctions, the prohibition from the activity, the administration by an external commissioner, the prohibition to contract with the PA) the Entity directly and, therefore, the economic interest of the members.
However, the entity has no liability if it can prove that it has “adopted and effectively implemented” an Organisational Model suitable for preventing the commission of offences of the same type as the one that has occurred.
The Entity is not held liable if it can prove that it has “adopted and effectively implemented”:
- An organisational, management and control model (hereinafter, also, the Model)
- A Code of Ethics
- A Supervisory Body.
Thanks to a pool of professionals trained in the implementation of Legislative Decree 231/01, Labor Project supports enterprises in the creation of their Corporate Organisational Model through:
- The identification and analysis of risks (Gap Analysis)
- The drafting of the Organisational Model
- The identification of the contents of the Code of Ethics
- The appointment of and participation in the Supervisory Body.