The Legislative Decree 231/2001 introduced the administrative liability of legal persons deriving from an unlawful foul.
This is a real criminal responsibility deriving from the commission of a series of crimes, the list of which is periodically updated (from corporate crimes, to those against the public administration, from fraud against the State, to murder crimes and negligent injury consequent to accidents at work, environmental crimes, corruption).
If the assessment reaches the affirmation of liability of the legal person, penalties are imposed which range from a pecuniary sanction, up to the company commissioner and cancellation from the business register, passing through the confiscation of the products and the loss of the ability to contract with the P.A.
Management and Control Model
Since the Entity's responsibility is presumed if the latter does not have a properly adopted Management and Control Model , it is absolutely necessary for each company of a certain size to adopt an adequate Model and an internal supervision structure.
It should be emphasised that the adoption of this Organisational Control Model also achieves the business benefits deriving from the improvement of the internal organisation by optimising the division of skills and responsibilities.
Studio Spreafico & Partners, also through the collaboration with a network of professionals and companies with proven expertise in this field, can provide companies with the necessary advice and assistance to fulfil the requirements of D. Lgs. 231/2001.
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