WHAT IS THAT
Legislative Decree 231/01 introduced in Italy a liability of collective entities (companies) attributable to the commission of certain types of crime (e.g. computer crimes, corporate crimes, in matters of safety and health in the workplace, etc.), even if merely attempted.The fundamental prerequisite for an entity (public or private company) to request in court not to respond is above all the adoption and effective implementation of an organization and management model suitable for preventing the crimes over which a body with independent powers of initiative and control (the so-called Supervisory Body ) must adequately supervise.
KEY POINTS
In the case of adoption of 231 company models, CSQA is able to carry out inspections on behalf of the Supervisory Body (SB) to verify the correct and effective implementation of the 231 company models on specific crimes.The inspection report issued allows the SB to demonstrate that it has complied with the "supervision" obligation, even for those types of crimes where adequate legislative and technical competence cannot be objectively demonstrated, with the consequent strengthening of compliance with the requirements of professionalism and autonomy by the SB itself.