Corporate Administrative Liability under Legislative Decree 231/2001

Legal Aid provides specialised legal advice and technical assistance in matters of corporate administrative liability under Legislative Decree 8 June 2001, n. 231. The Firm supports companies, corporate groups and Supervisory Bodies (OdV) in preventing criminal risks, developing effective compliance models, and managing proceedings involving legal entities.

Legal Aid professional expert in administrative liability of entities pursuant to Legislative Decree 231/2001

Prevention and
Compliance 231

The consultancy activity is oriented towards the preparation of effective governance tools, structured according to the principles of legality, transparency and traceability, with the aim of excluding or
mitigate the liability of the entity in the event of the commission of predicate crimes by senior management or subordinates.

The Studio takes care of:

• the design and adoption of Organization, Management and Control Models (MOG);
• the establishment and regulation of the Supervisory Body (OdV);
• the preparation of internal procedures, disciplinary systems and information flows;
• continuous training of staff and company management;
• the periodic adaptation of the Models to regulatory, jurisprudential and organizational developments.

The approach adopted guarantees the effectiveness of the Model and its concrete suitability to prevent the crimes referred to in articles 24 et seq. of Legislative Decree 231/2001, in compliance with the judgment criteria developed by
jurisprudence.

Defense of the Entity in Criminal Proceedings 231

The Firm represents public and private entities in proceedings for administrative liability arising from crime, with specific experience in areas such as:

• crimes against the Public Administration,
• corporate and bankruptcy crimes,
• crimes relating to health and safety at work;
• tax, environmental and IT crimes.

Assistance includes:

• dialogue with the Judicial Authority and the economic-financial police forces;

• preparation of defence briefs and documentation pursuant to art. 58 of Legislative Decree 231/2001;

• representation of the institution in precautionary, trial and appeal proceedings;

• development of defensive strategies based on the effective implementation of Model 231;

• presentation of internal reorganization plans, remediation and review of control systems.

Support to the Supervisory Body (OdV)

Legal Aid assists the Supervisory Bodies in the correct implementation of the supervisory tasks provided for by art. 6 of the Decree, offering:

• operational support in periodic control and verification activities;
• assistance in drafting reports, minutes and summit reports;
• technical opinions on organizational criticalities and ascertained violations;
• training activities and continuous legal updates.

Working method

Legal Aid adopts an operational method based on the integration between legal rigor and in-depth knowledge of business dynamics, in order to guarantee a concrete and effective application of Legislative Decree 231/2001.

The activity is divided according to a model structured in distinct and synergic operational phases:

1. Preliminary risk analysis (risk assessment)

• Examination of the corporate structure, organizational chart and internal delegations
• Analysis of operational and decision-making processes
• Assessment of exposure to sanction risk based on the sector and regulatory context

2. Design and implementation of Model 231

• Drafting of the Model compliant with legislation and case law
• Development of protocols and control measures
• Definition of the disciplinary system and methods for managing reports

3. Establishment and support of the Supervisory Body (SB)

• Ongoing legal advice for the activity of the SB
• Support in drafting information flows and reports
• Assistance in managing checks and reports

4. Internal training and dissemination of the Model

• Targeted training courses for top management and employees
• Raising awareness among relevant company figures on the content of the Model

5. Monitoring, updating and legal auditing

• Periodic review of the Model
• Internal auditing on its effective implementation

6. Defense and crisis management 231

• Defensive analysis of company documentation
• Preparation of defensive briefs and strategies
• Management of precautionary, reputational and organizational profiles

This methodology allows to ensure effective and dynamic compliance, significantly reduce the risk of disputes, and deal with the proceedings against the entity in a structured and effective way.

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