Administrative liability of entities (231/2001)
"You are responsible not only for what you say, but also for what you don't say" (M. Luther King).
Implementing an organizational, management, and control model (MOGC) pursuant to Legislative Decree 231/2001 is essential for an organization for several reasons. The decree introduces the administrative liability of legal entities for certain crimes, and an effective MOGC can reduce the risk of such crimes being committed, protecting the entity from severe penalties, including fines and, in some cases, closure of the business. Furthermore, adopting a MOGC 231 demonstrates the organization's commitment to legality and ethics, creating a culture of compliance that can enhance the corporate reputation and the trust of customers, partners, and stakeholders. A well-structured model includes clear internal procedures that facilitate the detection and management of unlawful behavior, helping to prevent fraud and embezzlement.
Implementing a dedicated MOGC provides organizations with important legal protection, as it demonstrates that appropriate measures have been taken to prevent unlawful behavior, making it more difficult for authorities to challenge the entity's liability.
Imagine being able to proactively map all company activities to identify potential legal risks. Implementing an MOG 231 helps prevent crimes such as corruption or fraud, which could have serious legal and reputational consequences. Having an effective MOG can exempt the company from direct liability, or at least mitigate it, and helps strengthen corporate governance, promote a culture of transparency and integrity, and increase trust in the company among customers, partners, and third parties.
An MOG is an investment that enhances the company's value in the long term.
We are super organized and know where to start and how to get there.!
Mappatura delle attività a rischio
Identificazione delle aree e delle attività aziendali in cui potrebbero verificarsi reati.
Protocolli di prevenzione
Sviluppo di procedure e protocolli per la gestione e la prevenzione dei rischi individuati.
Codice etico
Definizione dei principi etici e delle regole di condotta che l'azienda intende rispettare, che funge da guida per i comportamenti aziendali.
Sistema disciplinare
Implementazione di un sistema di sanzioni per garantire il rispetto delle misure previste dal modello.
Organismo di Vigilanza (OdV)
Nomina di un organismo dotato di autonomi poteri di iniziativa e controllo, incaricato di sorvegliare il funzionamento e l'osservanza del modello.
Training and information activities
Programmi mirati per sensibilizzare e formare il personale sui contenuti del modello e sui principi del D.Lgs. 231/2001.
Continuous audit and monitoring
Continuous monitoring and review systems for the model to ensure its effectiveness and adequacy over time.
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Crimes against public administration: scope of application of Legislative Decree 231/2001 and subsequent amendments.
Recent legislative changes have introduced significant changes to the regulation of crimes against public administration, impacting the liability of entities pursuant to Legislative Decree 231/2001. These changes require prompt adaptation of organizational, management, and control models for companies exposed to these risks.
The crimes against public administration, provided for in Articles 24 and 25 of Legislative Decree 231 of 2001, "constitute the original core of the catalogue of offenses that can give rise to the administrative liability of the entity and represent the historical basis for the introduction of this form of liability into our legal system. It is well known that Decree 231 was introduced to implement the commitments undertaken by Italy at the supranational level in combating corruption and those forms of corporate crime that arise in relations with the public administration."
Source: Assonime
Do you need someone to help you implement an Organization, Management, and Control Model pursuant to Legislative Decree 231/2001? Contact us!
