Italiano
After Solicitor Michele Bonsegna joined the company, Bonsegna Law Firm specialized in the Criminal Liability of Administrators and Administrative Liability of companies. The Law firm provides expert advice on the following branches of Law:
Once the Organization Model has been approved, its correct application must be controlled ex lege by the Supervisory Body of the company, as written in article no. 6 of Decree 231/2001. In case of a lack of control, the Model will not be considered valid.
Control procedures can be carried out by the editor of the Organization Model but also by any other individual after the Model has been approved, provided that he/she is qualified to perform the assigned task.
The system of Administrative Liability of Companies in case of alleged crimes was considered to be an historic turning-point for Italian Law fifteen years ago. Indeed, because the widespread idea for years had been that only natural persons (Art. no. 27 of Italian Constitution) but not body corporates could commit crimes (societas delinquere non potest), the legislator decided it had to be altered, thus facing the proliferation of the serious pathological event of Corporate crime.
Once the Organization Model has been approved, its correct application must be controlled ex lege by the Supervisory Body of the company, as written in article no. 6 of Decree 231/2001. In case of a lack of control, the Model will not be considered valid.
Control procedures can be carried out by the editor of the Organization Model but also by any other individual after the Model has been approved, provided that he/she is qualified to perform the assigned task.