Largo Schuster 1, Milano

Administrative liability of entities ex Legislative Decree 231/2001.

The Legislative Decree 231/2001 introduces the liability of entities for certain explicitly foreseen crimes so far as they are committed or attempted in the interest of or in favour of members of corporate management (so-called top management posts) and those who are subject to their management and authority (article 5, 26).
The company’s administrative liability is autonomous compared to the criminal liability of the physical person who committed the crime, despite standing alongside the latter (article 8). This means that the liability of the entity subsists even when the perpetrator of the crime has not been identified or is not imputable, as well as when the crime expires for reasons other than amnesty (article 8, first comma).
Therefore, both pecuniary and disqualification sanctions can be applied to the company in relation to crimes attributed to individuals associated with the company itself, pursuant to article 5 of the Decree.

The decree explicitly sets forth the crimes which determine said liability; these include: crimes against the public administration; IT crimes and the unlawful processing of data; crimes by organised criminality; crimes against industry and commerce; corruption between private individuals; crimes against people; market abuse; fraud within competitive sports; murder and assault in violation of laws protecting health and safety at work; violation of copyright; environmental crimes; crimes of clandestinity.
The firm offers advice regarding the preparation, checking and updating of models of organisation, management and control aimed at preventing the aforementioned crimes; the firm provides training for this subject, also within companies. Furthermore, the firm supplies legal assistance with reference to criminal processes involving people in top management positions and subordinates.