Why Choose Our Public Law, Criminal and Administrative Lawyers?
The Team, led by Avv. Giuliana Marchese is divided into 2 main groups specialising in:
- Criminal (individual): from Personal Offences, including Personal Injury, to Property Offences, Fiscal Crimes and Cyber Crimes;
- Criminal (Corporate): the Firm has a particular interest in Corporate Crimes. The regulations governing corporate criminal liability are very inconsistent and not always in line with the traditional structure of Italian Criminal Law.
Hence, legal services cannot be limited to defence in a trial, but must also be extended to preliminary legal advice to companies operating in the financial, environmental and technology sectors, where it is quite common to fall foul of the law, due to the lack of harmonised legislation. The assistance covers most Environmental Crimes, Financial Crimes and the whole range of White Collar Crimes.
Legislative Decree no. 231 – Companies and legal entities’ liability for crimes and offences committed by their representatives – Compliances and Violations ; Legislative Decree n. 231/2001 provides for the direct liability of legal entities, companies and associations for certain crimes committed by their representatives.
It has become a requirement for legal entities to comply with the requisites of the Legislative Decree n. 231/2001 in order to present public tenders and to participate in public adjudications. In fact, this law requires the implementation of a company structure which clearly distinguishes all functions of management and control. Failure to implement such a structure would deem Italian and foreign companies liable if one of the crimes listed in the law is committed, such as corruption; misappropriation of public funds; crimes against the State or public bodies; falsification or counterfeiting of money, public credit cards and tax stamps; money laundering; corporate crimes; market abuse; environmental crimes; agricultural and alimentary fraud; IT crimes and illegal data processing; homicide and serious personal injuries through violation of the rules on safety in the workplace.
This list is periodically updated by new laws extending the legislative decree 231/2001 to new or existing crimes.
The company shall be held liable if such crimes have been committed by persons holding representative, administrative or (de facto) managerial positions, or by persons working under their control, provided that these persons have committed the crimes for the benefit of the company, and the company cannot prove that it has impeded or warned those committing the crimes, or tried to prevent the commission of the crimes in any other way.
The implementation of a structured organisational model (“Modello Organizzativo”), as provided for by Articles 6 and 7 of the Lgs. Decree no. 231/2001 is not mandatory by law, but it allows companies to avoid being subject to the strict liability regime, as this organisational structure is (de facto) imposed to guarantee that the companies are effectively prepared to prevent crimes and therefore may carry out this duty to act in the company’s best interest.
The Firm boasts a special unit of professionals, made up of both lawyers and accountants/certified auditors, who are able to provide full assistance in relation to compliance with the Law no. 231 of 2001, including the reorganization of the company required in order to set up the “Modello Oragnizzativo” prescribed by the law, introducing the code of conduct and appointing an internal or external specialist (who may be one or more of our professionals) in charge of ensuring that the legal and conduct regulations are adhered to.