Administrative Responsibility - Bulgarelli & Partners

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The Legislative Decree no. 231/2001 introduced into Italian legal system the so-called "administrative" responsability of bodies. According to the Legislative Decree no. 231/2001 the bodies can be held liable under criminal law for certain crimes as they are specifically provided by the decree itself.

Because a body can be held responsible is necessary that the offenses are committed by personnel holding a senior position within the body, or even possibly by employees of the same, and that from the commission of such offenses the body has received its own interest or advantage.

In order to reduce the risk of being prosecuted for the crimes provided for by Legislative Decree no. 231/01, the body has the opportunity to adopt a model of organization, management and control for prevention and obstruction of the crimes provided by the decree itself.

At Bulgarelli & Partners' we assist the bodies in the preparation, revision and updating of such models of organization, management and control, after analyzing and highlighting the possible legal risks.