During a Conference organized by the Chamber of Commerce of Milan on 27 September 2010, the Italian Minister of Justice Angelino Alfano detailed the latest updates and reforms that have been brought to the Corporate Criminal Liability Law and the proposed reform of the Legislative Decree 231/2001, commonly called the 231 Models.
The reforms aim to improve the applicability of the 231 Models to all types of crimes including: crimes against public administration, crimes against trade and industry, corporate crimes, crimes relating to health and safety at work, offenses in violation of copyright, as well as several organizational models, with particular focus on corporations and differences among organizational structures regarding the relationship between the main company and its subsidiaries.
Moreover, for small businesses, the reform project will include an Oversight Committee (Organismo di Vigilanza). The head of this committee can be a person who is within the company, though independent.
Finally, to reinforce the efficiency of the organizational models it has been proposed to invert the burden of proof in the conjecture of crime, giving the Public Prosecutor the responsibility of identifying the organizational gap that had allowed for the illicit action. The models will also be subjected to the testimony mechanism which will provide for a stronger power of extenuating circumstances.
(SLM, 27 September 2010)
For more information on this subject, please contact Cristina Cappiello.
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