Management Organizational Models pursuant to Legislative Decree 231/2001
The opportunity to equip oneself with an effective tool to protect the Company and the Entrepreneur
By virtue of the legislative decree 8 June 2001 n. 231, which introduced the liability of entities for offenses resulting from the commission of a crime and the subsequent economic and legal implications of recent years into Italian law, it is becoming increasingly appropriate to initiate personal and corporate protection tools.
In a nutshell, a company can be held responsible for a crime committed by a person included in its organization (in a senior or subordinate position), if the offense was committed in pursuit of an interest of the organization, or if the the latter has nevertheless benefited from it.
In these cases, the responsibility of the Entity and that of its top managers is placed on a concurrent (and not alternative) level with respect to the personal responsibility of the agent, and may result in the application of fines of a pecuniary nature or potentially significant disqualification for the person and for the company activity (and for its financial stability).
The adoption and effective implementation of a OMM (Organizational Management Model) can guarantee, in court proceedings, the exemption from liability for the Entity and for top management, for crimes committed by the company in the person of its directors or employees.
The adoption of the “OMM” in a few cases is mandatory but, even when it is not, it remains strongly recommended since each sector of activity is potentially suitable for the configuration of one of the “predicate offenses” provided for by Legislative Decree 231/2001 and subsequent amendments that have extended its application (think, for example, of the issue of accidents at work).
The OMM represents a real shield against such insidious liability as administrative liability and a further shield against criminal liability of the employer himself and the top management of the company.
The activity of the Grignani Law Firm has always been oriented towards assistance in favor of the Company and the Entrepreneur and, with this in mind, is able to provide advice and support in the processes of elaboration, adoption and effective implementation of Organizational Models. Management, pursuant to Legislative Decree 231/2001.