Set as default?
Art. 6 of Legislative Decree no. 231/2001 envisages that the company can be exempted from responsibility subsequent to the commitment of the crimes indicated, if it provides evidence that:
a) the Management has adopted and effectively implemented, prior to the commitment of the crime, organisation and management models that are suitable to prevent crimes like the ones that occurred;
b) the duty of supervising the function, efficacy and compliance of models and of updating them was entrusted to a body of the agency that has independent power of initiative and control, the so-called Surveillance Body (ODV);
c) the physical persons have committed the crime by fraudulently avoiding organisation and management models;
d) the body mentioned in the above letter b) committed neither omission nor inadequate supervision.
Legislative Decree no. 231/2001 defines (art. 6, section 2) the contents of the organisational and management models, establishing that they must meet the following requirements with regard to the extension of delegated powers and the risk of committing crimes:
Listed below are the categories of supposed Crime mentioned in Legislative Decree 231:
Crimes committed in relations with the Public Administration and with the State, Corporate crimes and abuse of markets, Crimes for terrorism or to subvert the democratic order, Crimes against individual personality, Crimes related to work safety, Crimes of receipt, recycling and use of money, assets or profits of illegal origin, IT Crimes, Crimes associated with criminal organisations, transnational crimes and false statements, Crimes against the industry and trade, Crimes on the violation of copyright law, Environmental Crimes.
The Organisation and Management model adopted by Lechler S.p.A. for the scope of Legislative Decree 231 was constructed based on the Quality Management System ISO 9001:2015, and later extended to the Safety and Environment system, transforming it into an «Integrated Management System». The S.G.I., with its contents, is closely connected to Model 231, feeding it and especially maintaining it constantly updated on the basis of any changes managed and controlled by the System.
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