Corporate Criminal Liability (L. D. 231/2001)

Corporate Criminal Liability (L. D. 231/2001)

The Legislative Decree n. 231/2001 introduced the criminal liability of legal persons into Italian law, which is judicially ascertained in the criminal trial, in comparison to crimes committed by directors, managers or employees, in the interest or for the advantage of the entity.

In order to exclude or mitigate the liability of the entity, or to avoid the application of precautionary measures, it is particularly important the adoption of an adequate organization and management model, understood as a set of procedures aimed at preventing the commission of offenses. For the same purpose, the entity must equip itself with a Supervisory Body, which supervises the application of the model and its updating.

This is a reality with which large companies have already been familiar with for years, but with which even small and medium-sized enterprises have begun to deal, also to meet the legality rating essential for participation in tenders or public services or private.

The Firm has acquired important expertise both in the preparation and updating of the models, and in the supervisory activity carried out by all members in supervisory bodies.

The important judicial activity in defense of the entities, in numerous processes, carried out by the firm, also allows the elaboration of opinions on the suitability of the models for exemption purposes.