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Legislative Decree no. 231/2001 

231

Art. 6 of Legislative Decree no.  231/2001 envisages that the company can be exempted from responsibility subsequent to the commitment of the crimes indicated, if it provides evidence that:

a) the Management has adopted and effectively implemented, prior to the commitment of the crime,  organisation and management models that are suitable to prevent crimes like the ones that occurred;
b) the duty of supervising the function, efficacy and compliance of models and of updating them was entrusted to a body of the agency that has independent power of initiative and control, the so-called Surveillance Body (ODV);
c) the physical persons have committed the crime by fraudulently avoiding organisation and management models;
d) the body mentioned in the above letter b) committed neither omission nor inadequate supervision.

Legislative Decree no. 231/2001 defines (art. 6, section 2) the contents of the organisational and management models, establishing that they must meet the following requirements with regard to the extension of delegated powers and the risk of committing crimes:

  • define the  activities (Processes)in whose framework the crimes can be committed; (GAP Analysis of Crimes) arrange dedicated (Procedures)/Protocols to schedule the formation and implementation of corporate decisions regarding crimes to be prevented;
  • define the management modes of financial resources that are suitable to prevent the commitment of these crimes; envisage the obligation to inform the agency appointed to supervise function and compliance with the organisational model (ODV);
  • introduce a suitable disciplinary system to sanction failure to comply with measures indicated in the organisational model.
  • In the particular event in which the crime is committed by subjects placed under another’s direction, the company shall not answer if it proves that failure to meet the obligations of direction or surveillance did not contribute to the commitment of the crime.
  • However, in this case too, liability is excluded if the company, before committing the crime, has adopted and effectively implemented an organisational modelsuitable management and control to prevent crimes of the sort that occurred.
  • It is, in any case, appropriate to specify that the investigation of corporate responsibility performed by the Penal Judge is carried out as specified below (besides initiating a dedicated trial in which the agency is considered just as a convicted person) by:  
    1. checking the presence of the supposed crime for which the company is liable;
    2. ensuring suitability of the organisational models adopted.

Listed below, the classes of predicate offenses contained in Legislative Decree 231:

Crimes against the Public Administration, computer crimes and unlawful data processing, organised crime offenses, counterfeiting of coins, crimes against industry and commerce, corporate crimes, crimes with the purpose of terrorism or subversion of the democratic order, crimes against the person, market abuse, workplace health and safety crimes, receiving stolen goods, money laundering and self-laundering, crimes relating to violation of copyright, crimes against judicial authorities, environmental crimes, crimes of employment of third-country nationals whose stay is irregular, crimes of racism and xenophobia, crimes of sports fraud and abusive gambling or betting, tax crimes.

The Organisation and Management Model adopted in Lechler SpA, for the purposes of Legislative Decree 231, was built on the basis of the ISO 9001: 2015 Quality Management System and subsequently extended to the requirements established by ISO 45001: 2018 and ISO 14001: 2015 and the Federchimica Responsible Care Program.”

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