CORPORATE RESPONSIBILITY

D. LGS N. 231/2001 – CORPORATE RESPONSIBILITY

With the passing of con law D. Lgs n. 231/2001 liability was introduced to the judicial system for administrative offences arising from crimes committed for the benefit or in the interest of a collective, by managers, employees and anyone working on behalf of an organisation.

This responsibility, that is distinct to that pertaining to the individual who actually committed the crime, is direct and independent resulting in heavy fines for the organisation, as well as criminal proceedings (bans, revocation of permits and licences, exclusion from funding and contributions and in more serious cases bans from conducting business).

As a result, the new legal application of responsibility involves the assets of the organisation that has benefitted from the committing of offences against the health and safety of workers and the safeguarding of the environment.

Indeed, where a crime against law D. Lgs. 231, is committed the liable party can be subjected to the payment of a fine as high as € 1,549,370.00 and in more serious cases the banning or withdrawal of permits and licences, an operating ban and ban on presenting tenders for government bodies, the exclusion from funding and contributions and being prohibited from advertising goods and services and even temporary receivership of the organisation.

However, art. 6 of the same D. Lgs. n. 231/01 establishes that the organisation can avoid liability under art. 5 if it can prove that it has:

  • Adopted and effectively implemented, prior to the commiting of the offence/crime “suitable models of organisation and management to prevent crimes of the type which occurred”;
  • That it entrusted the taks of oversight of the functioning, efficacay and respect of the aforementioned model and its upgrading to an “oversight committee within the organisation that has autonomous powers of initiative and control” (Supervisory Body)

Studio Arcadia multidisciplinary team can support your company in the following ways:

  • Drafting of Risk Assessment Reports (RRA), in order to evaluate the company’s level of compliance any actions to implement.
  • Preparation of an Organisational Model that includes and Management and Control manual in compliance with law D. Lgs. n. 231/2001 having a Code of Ethics and a protocol for risk management.
  • Conducting targeted audits.
  • Being taken on as an external member of the Supervisory Body.
  • Technical support for the supervisory Board appointed by the company.
  • Provision of training courses for personnel.
  • Maintaining of the company system in compliance with law D. Lgs. 231/2001. 231/2001.