The sanctions provided for the offence in the administrative field , considered in accordance to the criminal behaviour’s gravity, are:
| Pecuniary sanctions |
The entity answers for personally with its assets or trusts
Art. 39 of the Law 262/2005 doubles pecuniary sanctions, accorded by the art. 25-ter of the 231/2001 decree. |
| Disqualification
sanctions |
Disqualification from the activity (suspension or revocation of authorizations, licenses or grants that have been instrumental in the offence perpetration).
Ban from dealing with the Public Administration (except in order to obtain a public service performance). |
| Forfeiture |
It’s always arranged with sentence for the offense‘s price or profit or for an equivalent amount of money or commodity, except from the part to be returned to the victim and after having considered the rights of third parties in good faith. |
| Publication of the
sentence |
Can be arranged in the event of disqualification sanctions. |
In case of attempt of the aforesaid offences, the pecuniary and disqualification sanctions will be reduced from one third to half.
The Entity does not answer to the court when voluntarily prevents the deed committal or the occurrence realization.
In the event of the entity’s transformation, merger or division, the Law decrees the entity‘s liability for actions preceding the transformation.
When there is a serious circumstantial evidence of the entity’s liability or well-founded suspicions of the risk that it could be committed an illicit of the same nature as the one it is proceeding against, the Public Prosecutor may demand, as a precautionary measure, the application of one of the aforesaid disqualification sanctions.
The judicial register includes the National Register of Administrative Sanctions, where are set down rulings and decrees against entities in connection with the Decree, on condition they are irrevocable, as well as regulations issued by legal executive bodies, no more appealable.
A different system of sanctions has been identified in connection with corporate offences committed by “administrative directors, managers, liquidators or persons under their supervision”, in order to increase the company’s profit. In this case the pecuniary sanction is applied.
The Law foresees an unusual process of infliction in order to regulate the punishment. The Judge has to consider certain facts, such as harshness of the deed, financial situation of the entity, the level of liability, and, afterwords, imposes the sanction expressed in “shares”. As the Decree dates prior to the introduction of the Euro, the shares have been valued in Liras, and range between a minimum of 500.000 Liras (Euros 258,23) and a maximum of 3.000.000 Liras (Euros 1.549,00), therefore the sanctions range between a minimum of Euros 25.822,00 and a maximum of Euros 1.549.370,00.
The share’s worth is fixed by the Judge at the moment of the sanction’s infliction.
The Entity can be considered liable only in the event of offences committed to its own advantage by the company’s representatives, directors or managers or by one of those who cover, also in practice, an entity’s management or control position, or by whom is subjected to the aforesaid individuals’ supervision.
With reference to the so called “Company offences”, Decree’s art. 25-ter, it is enough to detect a company’s interest in committing the offence regardless of the profit. |
