D.lgs. 231/2001, introduced a new form of criminal liability for legal entities, which allows a company to be called to respond in a criminal court together with its directors, managers or employees, accused of crimes which are deemed to have been committed in the interest or to the advantage of the company.
The company can avoid the application of fines if, prior to committing the crime, it has prepared an adequate Compliance Programs, which is a series of procedures intended to prevent the committing of crimes, and when the functioning and the observance of the organizational model is entrusted by the company to a supervisory board. Since 2001, “231” has become a reality that companies have to deal with for many reasons: the catalogue of crimes for which the company can be held responsible has steadily increased, until it now includes most of the typical corporate crimes; case law has shown ever greater nonchalance in using this tool, with the result that criminal trials against companies are now a daily occurrence in the courts.
In this scenario, we help companies to prepare their organizational and management Models and we assist them in ambit of criminal proceedings which may see them investigated or accused pursuant to D.lgs. 231/2001.