Societas delinquere (non) potest

It is increasingly important for companies to adopt the Organisational Model ex Italian D.lgs 231/2001: should a criminal action contemplated by said article be committed, the company needs to be able to prove it has adopted and effectively carried out the organisation, management and control model to avoid monetary and interdiction sanctions.

For the same time, the decree mentioned has introduced grevious responsibility in the Italian legal sistem for organisations committing specific crimes, should these be committed by subjects with managerial responsibility (e.g. representation, administration and management responsibilities within the organisation), or by subjects under other people's direction or supervision, in the interest or to the advantage of the organisation. D.Lgs. 231/01 actually considers as the only disclaimer for the company the ability to prove having effected and complied with the aforementioned model according to governance rules aimed at organising, managing and checking that no crimes be committed.