Liability of Entities and Organizational Models

Legislative Decree no. 231/2001 – overcoming the criminal law dogma according to which societas delinquere non potest – introduced a peculiar administrative liability of the entity for the offence committed in its interest or to its advantage by senior managers, that is, persons who hold, even de facto, functions of representation, administration or management, and by persons subject to their direction or supervision.
To date, the profile of the (quasi-)criminal liability of the entity constitutes an area of essential interest for all companies.

The professionals of the firm have acquired extensive knowledge, both theoretical and practical, of the issues affecting this field.

In particular, the expertise developed with regard to the offences that give rise to the liability of the entity (including crimes against public administration and public faith, corporate and financial crimes, environmental crimes and crimes against cultural heritage) enables the firm – at the judicial level – to ensure effective defence for entities involved in criminal proceedings and – at the extrajudicial level – to provide consultancy and assistance to all companies in the assessment of crime risks connected to their activity and in the preparation of the organizational, management and control model, a tool required by Legislative Decree no. 231/2001, aimed at preventing the commission of predicate offences of the entity’s liability and at excluding such liability where the offences have been committed in violation of the model itself, provided that the latter has been effectively implemented and that there has been adequate supervision by the competent control bodies.