Administrative liability of entities
Criminal lawyer specialized in administrative liability of entities
The administrative liability of entities concerns the liability of entities as a result of certain crimes committed or attempted in the interest or to the advantage of the entity by directors, employees and persons subject to the management or supervision of the entity.
The offenses to be mainly considered are:
- accidents at work
- environmental offenses
- tax offenses
- corporate offenses
- crimes against public administration
- money laundering and self-laundering
In the event of a finding of the commission of a crime in the interest or for the benefit of the entity by directors, employees and individuals subject to the management or supervision of the entity, personal criminal conviction of the individual and administrative conviction of the entity will follow with the imposition of typical sanctions, such as, for example, fines, confiscation and disqualification from conducting business.
The entity can equip itself with a tool to prevent its administrative liability dependent on crime and protect its assets and business activity by providing a set of procedures aimed at countering the commission of crimes. This tool is the Organization, Management and Control Model, also called Model 231.
Criminal lawyer specialized in administrative liability of entities
The criminal lawyer specialized in administrative liability of entities can provide advice to represent the situation affecting the entity.
Specifically, some of the areas in which the criminal lawyer expert in administrative liability of entities performs his duties are:
- assistance to the entity in the identification of risk areas and in the implementation of appropriate procedures to prevent the commission of crimes.
- assistance in the preparation, implementation and constant updating of the Organization, Management and Control Model.
- at the entity, training activities to top management and subordinates related to the legislation of the administrative responsibility of entities.
- technical defence: assisting and defending entities during investigations and in court from allegations of violations committed in the interest or to the benefit of the entity.
- advice to Supervisory Bodies.
- participation in Supervisory Bodies.
In-depth articles on the topic of Administrative liability of entities
Cancellation of the corporation’s conviction for workplace injury
On December 28, 2023, the Court of Cassation issued ruling no. 51455, ordering the annulment with referral of the sentence convicting a company for the
Whistleblowing
Legislative Decree No. 24 of March 10, 2023, implementing Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019, on
