The Legislative Decree 231/2001 allows companies or bodies in general , the opportunity to reduce the risk of being called upon to responsibility for a criminal offense committed in its interest by its managers or employees , adopting and instituting a system of Organisation, Management and Control, with the aim to prevent and combat crime within the company or organization sanctioned by Legislative Decree 231/2001.
With an organization system in place, each employee or director continues to be responsible under criminal law, but this does not extend to the company, that therefore has no consequences on itself. The types of offenses for which it is possible to obtain the discriminant are as follows:
The necessary condition for the exemption of liability is the adoption by the Organization of an Organizational Model suitable to prevent the crimes , with the introduction of an internal supervisory body that oversees the application of the model, a business Ethics code and procedures and the definition of periodic visits for monitoring and penalties for the failure to apply . We talk about adoption and implementation of a model 231 Organizational because every already company works thanks to a " set of rules , procedures and practices ," more or less formalized , which directs the activities towards the goals set by the property.
This " set of rules , procedures and practices " is the organizational model of the company , the Legislative Decree no. 231/ 01 requires that the model is adequately formalized to describe the internal and external main relationships of the company and it has to meet specific criteria established by law.
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