Legislative Decree of June 8, 2001, n. 231 for the prevention of corruption and fraud

What is the Legislative Decree of June 8, 2001, n. 231?
Who is affected by the Legislative Decree of June 8, 2001 n. 231?
What does the Legislative Decree of June 8, 2001, n. 231?
What are the sanctions foreseen by the Legislative Decree of June 8, 2001, n. 231?
What to remember from the Legislative Decree of June 8, 2001, n. 231?

The legislative decree of June 8, 2001, n. 231 is an Italian law that aims to fight corruption in public and private companies and organizations. This law requires companies and organizations to put in place systems to prevent corruption and fraud, and to hold criminally responsible those who commit offenses in their name.

The decree also sets out criminal penalties for companies and organizations that fail to comply with these obligations. These penalties can include fines, suspension or revocation of licenses, and prohibition from engaging in certain business activities.

The main purpose of the decree is to promote a culture of ethics and responsibility in Italian companies and organizations, in order to prevent corruption and ensure transparency and integrity in business.

The Legislative Decree of June 8, 2001, n. 231 concerns all public and private companies and organizations in Italy, regardless of their sector of activity. This includes large listed companies, small and medium enterprises, associations, foundations, cooperatives and public entities.

More specifically, the decree applies to natural and legal persons who can be held criminally responsible for crimes committed in their interest or on their behalf. The natural persons concerned may be directors, officers, employees, agents, representatives or consultants of the company or organization. The legal persons concerned can be companies, organizations, associations, foundations, cooperatives, public entities, etc.

The Legislative Decree of June 8, 2001, n. 231 provides several provisions to combat corruption and fraud in companies and public and private organizations in Italy. Here are some of those provisions:

1. Prevention system: Companies and organizations must put in place prevention systems to prevent the commission of crimes such as corruption, fraud, money laundering, etc. These systems should be appropriate to the size and nature of the business or organization.
2. Criminal liability: Individuals or legal entities (ie companies and organisations) can be held criminally liable for crimes committed in their interest or on their behalf. Sanctions may include fines, confiscation of property, prohibition from carrying out certain activities, etc.
3. Cooperation with authorities: Companies and organizations are encouraged to cooperate with legal authorities to help investigate crimes and prosecute perpetrators. Companies and organizations can also be rewarded for their cooperation.
4. Risk assessment: Companies and organizations should regularly assess the risks of crimes such as corruption and fraud and put in place measures to prevent them.
5. Training: Companies and organizations should provide regular training to their staff on the prevention of corruption and fraud.

The Legislative Decree of June 8, 2001, n. 231 provides criminal sanctions for companies and organizations that do not comply with the obligations provided for in this decree. These penalties may include:

1. Fines: Companies and organizations can be ordered to pay fines that can go up to millions of euros.
2. Confiscation of assets: Assets that have been used to commit crimes or that have been acquired through criminal activities may be confiscated.
3. Prohibition to engage in certain activities: Companies and organizations may be prohibited from engaging in certain business activities.
4. Suspension or Revocation of Licenses: Businesses and organizations that require licenses to operate may have those licenses suspended or revoked.
5. Publication of conviction: The conviction of the company or organization may be published in the media or on the website of the Ministry of Justice.

It is important to note that these sanctions can be applied not only to companies and organizations, but also to natural persons who have committed offenses in their name or on their behalf. Individuals can also be sentenced to prison terms and fines.

In short, the Legislative Decree of June 8, 2001, n. 231 aims to promote a culture of ethics and responsibility in Italian companies and organizations, in order to prevent corruption and ensure transparency and integrity in business.
It concerns any company or organization operating in Italy is obliged to comply with the provisions of Legislative Decree of 8 June 2001, n. 231 and to put in place corruption and fraud prevention systems to avoid criminal liability for offenses committed in their name or on their behalf.