Art. 6 of the Decree sets out an exemption clause of the entity’s liability. The exemption from sanctions is justified, when the entity during the criminal proceeding, proves to have adopted and effectively implemented suitable organizational, managerial and control Models to prevent such offences from occurring.
The Law lays out the setting up of an internal Watch Body that has to control the entity’s organizational Models effectiveness and appropriateness and to promote their updating.
The Decree’s Art. 6, paragraph 2 indicates the two main phases to set up a suitable system such that qualifies for the exemption:
- Risks’ Identification: represent the system’s preparation phase, when the company’s context has to be analyzed (area by area, sector by sector) in order to highlight the likelihood of the offenses’ perpetration.
- The actual watch structure Planning: it begins with the existing control instruments analysis and then considers the needs and modalities of their adjustment to the Decree’s provisions.
It is advisable to perform both the operations periodically, especially in case of significant changes inside the entity. |