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Exemption clause
LEGAL SERVICES TO COMPLY WITH THE LEGISLATIVE DECREE 231/01
Introduction
Summary
Normative Framework
Remarcable Jurisprudence
Addressee
Type of offenses
Cases for Entity's Respondability
Functions of the Organization Model
Effectiveness of the Organization Model
Sanctions
Attempt to commit offenses
Practical steps
The Watch Structure
Small enterprises
Contacts

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.
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