In
the case of or when dealing with attempts to commit those
offences indicated in Paragraph I of Legislative Decree
231/2001 (articles 24 to 25-quinquies), financial sanctions
and disqualification sanctions are reduced by between a
third and a half, while sanctions are not imposed if the
company involved voluntarily stopped the action being carried
out.
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In case of entity’s transformation,
merger or split the Decree sets out the entity’s
responsibility for offenses committed before the transformation.
Furthermore, the Prosecutor may ask for disqualification
sanctions as a precautionary measure when entity’s
responsibility is likely and there are specific and well-grounded
suspicions of reiteration of the offense.
In the Central Judicial Register is effective the National
Register of Administrative Sanctions, in which are recorded
the irrevocable sentences against entities according to
the Decree and the executive organ’s provisions not
subject to impugnation.
A separate sanctioning regime has been set with regard
to corporate crimes committed to the advantage of the company
itself by “directors or managers or general directors
or liquidators of the company or by individuals who are
managed or supervised by them”.
To ensure appropriately graded sanctions, a peculiar mechanism
has been set for and the Judge has to take in consideration
different elements such as, the gravity of the offense,
the entity’s economic conditions and responsibility
ratio and has to inflict the sanction on a “quota” basis.
The Decree has set a value in liras for those quotas (the
Decree is prior to the Euro introduction) starting from
a minimum of Lit. 500.000 (now Euro 258,23) to a maximum
of Lit. 3.000.000 (now Euro 1.5549,00), therefore sanction
goes from a minimum of Euro 25.822,00 to a maximum of Euro
1.549.370,00.
The quota’s value is fixed by the Judge when arranging
the sanction.
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