Consultancy on Model 231

Legislative Decree No. 231 of June 8, 2001 marked a pivotal reform in the Italian criminal law system, overturning the long-standing principle societas delinquere non potest and introducing the administrative liability of legal entities for administrative offenses arising from criminal acts.

At the heart of this system lies the concept of “organizational fault,” which refers to an entity’s failure to implement adequate preventive measures capable of avoiding the commission of offenses similar to the one that has occurred. The identification of such an organizational shortcoming within the company structure allows for the attribution of liability for the offense committed in the course of its activities. The law further distinguishes between two different scenarios, depending on whether the perpetrator of the so-called predicate offense holds a senior (apical) or subordinate position within the entity.

The Organizational, Management and Control Model (MOGC) plays a key role in this system. Its prior adoption and effective implementation — together with its proven suitability to prevent offenses similar to the one committed — may exonerate the entity from liability.

Moreover, in the event a predicate offense is alleged and no pre-existing Model 231 is in place, the adoption of a “post-event” model (after the offense has been contested) may still provide significant benefits for the entity that chooses to implement it.