DLP Insights

Legislative Decree no. 231/01: modifications by AREL

Categories: DLP Insights, Legislation

23 Jul 2010
The agency for research and legislation “AREL” proposed several amendments to Legislative Decree no. 231/01 concerning the Company administrative responsibility. According to AREL, the variations aim to reach objectives deemed as essentials. In particular, AREL stated that the organization models should be adaptable to all types of crime paradigms and to different corporate structures; providing also a specific legal treatment for little and medium companies. At the same time, the legal effects produced by the adoption of organization models, in terms of companies liability, should be reinforced also by setting forth more pressing and precise requisites, being up to the Public Prosecutor to prove the organizational defaults which might facilitate the commission of a crime. Finally, AREL pointed out that, in any case, the suitability of the organizational models should always be certificated by qualified professionals. The associations representing the Companies expressed their approval to such proposals, though both Confindustria and Abi emphasized the necessity of a deeper review of the Legislative Decree, such as, e.g., an update of the list of crimes, a modification of sanctions and precautionary measures, etc.  

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