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Law 231

Legislative decree no. 231/2001 regarding administrative liability of legal persons extends responsibility for crimes committed by any employee or temporary worker who acted in the interests or to the advantage of the company itself.  At the same time, however, art. 6 introduces a type of “let out clause” for the company, declaring that it “need not be liable if it is proved that: a) the management had adopted and effectively put in place, before the crime was committed, organizational and management models aimed at preventing the commission of crimes of the type which has taken place; b) the task of maintaining vigilance over the correct functioning and observance of the models, and looking after their updating, has been allotted to a department of the company  which is granted fully- autonomous powers of initiative and control; c) the persons who have committed the crime have done so by fraudulently eluding the organizational and management models; d) there has been insufficient, or no vigilance on the part of the department mentioned in letter b)“. This is a complex organizational model which, however, in its principles, in its structure and in the management tools it uses, finds its origins in the organizational models which are already widely used  in companies, such as those for Quality, Safety and the Environment.

QualiWare can be used also to manage effectively  the organizational models pursuant to Law 231, bearing in mind that it is not sufficient only to adopt the model if this action is not actually put into practice. Consequently, as well as making sure that planning and structuring of procedures are objective and responsible, it is indispensable to ensure that there is continuous monitoring of  the correct functioning of the model as well as updating, by means of audits, training, and the reporting of checks and inspections. QualiWare includes among its many functions the instruments which will enable effective and proactive management also of the Organizational Model 231.
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