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Consultancy on Model 231 in Italy
The Fontana Law Firm and its dedicated team are able to offer, via videocall, preliminary consultancy on corporate compliance covering all aspects related to the administrative liability of companies and entities arising from criminal offenses.
By filling out the appropriate form and booking a first free call, the client will receive all useful and relevant information regarding the current legislation, and possible next steps will also be evaluated to identify the most appropriate strategy for the specific case.
Drafting of a Model 231 in Italy
The first and fundamental requirement for benefiting from all the advantages provided by Legislative Decree 231 in the event of the commission of crimes within the company structure is the adoption of a Model 231, as well as its adequacy and effective implementation.
Similarly, in the event that a predicate offense is committed and an offense under Legislative Decree 231 is contested, it is possible to draft a “post-event” model, with related benefits for the entity that decides to adopt it.
The team at the Fontana Law Firm supports the company from the very first stages through a preliminary process aimed at understanding the business activity and internal organization, with particular focus on the analysis and mapping of risk areas related to the activities carried out.
This risk assessment activity includes the preparation of internal audits and the subsequent development of procedures and operational protocols designed to minimize the risk of offenses being committed, with the aim of drafting an organizational, management and control model that complies with legal requirements and meets the criteria of adequacy and effective implementation as set out by the relevant legislation.
Updating of a pre-existing Model
The prior adoption of a Model 231 in Italy may not be sufficient to exempt the entity from liability in the event that an offense is committed. The evolving legislation in this area — with the continuous expansion of the list of predicate offenses, as well as any internal changes in the company’s operations — makes it necessary to constantly update the model and the related safety procedures designed to protect the organization.
The team at the Fontana Law Firm offers a thorough reassessment of any existing model and its subsequent update and adjustment in light of recent developments.
Why request consultancy on the Italian 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 Italian 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.
