DID YOU KNOW THAT… The catalogue of predicate offences for the administrative liability of entities has been extended?

On 8 November, the national legislature approved two separate legislative decrees introducing new predicate offences to the list of administrative liability of entities under Legislative Decree no. 231/2001. These are:

• Legislative Decree no. 184, which transposed European Directive no. 2019/713 “on combating fraud and counterfeiting of non-cash means of payment” and
• Legislative Decree no. 195, which transposed European Directive no. 2018/1673 “on combating money laundering by means of criminal law”,

published in the Official Gazette, respectively, last 29 and 30 November 2021 and entered into force, respectively, on 14 and 15 December.

Going into detail, Legislative Decree no. 184/2021 introduced into the Legislative Decree no. 231/2001 in art. 25 octies.1 “Offences relating to non-cash means of payment.”  This sanctions the entity in whose interest the following offences are committed:

• improper use and falsification of non-cash payments;
• possession and dissemination of IT equipment, devices or programs aimed at committing offences concerning non-cash payment means;
• computer fraud in cases aggravated by the transfer of money, monetary value or virtual currency.

Legislative Decree no. 195/2021, extends art. 25-octies Legislative Decree no. 231/2001, by including the offences of receiving, laundering, self-laundering and using money, goods or benefits of unlawful origin, violators face imprisonment from six months to a maximum of a year. This applies to culpable offences for money laundering and self-laundering.

Other related insights:

• DO YOU KNOW THAT… The offence of trading in influence is now included in the list of predicate offences in model “231”?
• Failure to take the measures provided for under the GDPR is comparable to the “fault on the organisation’s side” under Legislative Decree No. 231/2001