Decree 231/2001 & Compliance

 

According to the Italian law on “administrative liability of legal entities” - introduced by Legislative Decree N. 231 of June 8th, 2001 - legal entities might be held liable for unlawful acts related to criminal and administrative offences committed in their interest or for their benefit and consequently be condemned to be highly fined.

Legal entities might avoid such liability - eventually excluding or reducing the related fine - only if they prove that they have adopted and effectively enacted the so-called Organizational, Management and Control Model.

Thanks to these provisions, Law Decree N. 231/2001 has raised the awareness among Italian companies of preventing measures, in line with the objectives of the so-called Human Rights Due Diligence. To this regard, the Italian National Action Plan on Business and Human Rights – adopted by the Italian Government in December 2016 – provides for a “comprehensive study” of Law Decree 231/2001, finalized at assessing a possible extension of its scope in the light of the UNGPs.

Against this background, and according to the objectives listed in our Statute, HRIC promotes many activities, such as:

 

  • analyzing of Law Decree 231/2001, with the aim of evaluating the possible extension of its objectives and scope in relation to administrative liability of legal entities for alleged human rights violations;

  • organizing conferences, workshops and seminars open to experts and non-experts in this field;

  • carrying on advocacy activities towards governmental institutions;

  • consulting and supporting the enterprises in drafting and adopting the Organizational, Management and Control Models;

  • Guaranteeing to victims of corporate-related human rights violations their access to remedy (judicial and non-judicial mechanisms)

 

If you need any additional information on our activities in this field, please contact:

 

Maria Francesca Cucchiara: cucchiara.hric@gmail.com

 

Giacomo Maria Cremonesi: cremonesi.hric@gmail.com