Description
Liability of entities in criminal cases was introduced for the first time into the Italian legal system by Legislative Decree no. 231 dated 8 June 2001, containing the “Discipline of the administrative liability of legal entities, companies and associations also lacking legal status, as per art. 11 of Italian law no. 300 dated 29 September 2000”.
Criminal liability does not replace, but is in addition to the one of the individual who has physically committed the offence, to the “advantage of the organization” or simply “in the interest of the organization”, without any real advantage being obtained.
The legislator, provided certain conditions are met, contemplates the possibility that the entity may be entirely or partially exempt from the application of sanctions. Art. 6 of law 231 envisages a form of “exemption” from liability if the company demonstrates that, on the occasion of criminal proceedings, it has adopted and efficiently implemented an organization, management and control model suitable for preventing the criminal offences contemplated from being committed.
Main Benefits
The adoption of the organization model ex 231/2001 allows a company to:
- Document the functioning of the model
- Be exempt from sanctions or limit their extent remedy the application of precautionary measures
- Demonstrate the attention and intention of the company’s top management to better manage processes often considered marginal or supporting (administration, finance) and often ignored by the company’s management system
- Perfect the company’s internal organization by optimizing the division of competencies and responsibilities
- Stimulate continuous improvement
Why TASNEEF-RINA Business Assurance?
TASNEEF-RINA Business Assurance is an International Certification Body based in the UAE. We work to guarantee excellence to public and private companies, to assure the best performance of their organizations, products, people, facilities and supply chains through Certification and Training services.
Service Steps
- Risk Assessment and Gap Analysis activities in compliance with legislative decree 231/2001
- Second party activities, control measures on legislative decree 231/2001 such as:
- Audit of the system (control environment)
- Audit of system implementation (behavior)
- Implementation of 231 models
