ORGANIZATION, MANAGEMENT AND CONTROL
Legislative Decree 231/2001
On 4 July 2001 Italian Legislative Decree no. 231 of 8 June 2001 entered into force, concerning the “Regulation on administrative responsibility of legal persons, companies and associations also with no legal personality”, which introduced to Italian legislation the responsibility of Bodies over administrative offences deriving from crimes committed in the interests of or to the advantage of the same Bodies.
The Decree is complex and innovative, as it adds to the criminal liability of the physical person committing the crime that of the Body in the interests of which or to the advantage of which the crime was committed. The responsibility of the Body is defined by the legislator as administrative, also within criminal proceedings, and is characterised by its full autonomy compared to the physical person committing the crime.
In fact the Body may be declared responsible even if the material perpetrator of the crime is not punishable or has not been identified. According to the same principle, any charges of responsibility falling on the Body as a result of the committed crime do not exclude the personal criminal responsibility of the perpetrator of the crime.
In order to guarantee conditions of legality, correctness and transparency in the execution of its activities, Sicim S.p.A. has deemed it appropriate to adopt and implement this Model. The Model was drafted considering both the provisions of the Decree and the guidelines issued by Confindustria (the Italian employers’ federation) on 7 July 2002, integrated on 28 June 2004 and on 31 March 2008, and the new version of the same guidelines issued on 31 July 2014, for the development of organisation, management and control models which, among other provisions, contain methodological instructions for identifying risk areas and the structure that should be adopted in implementing the Organisational Model.