MODEL 231/01

Within our regulations, Decree No. 231/2001 (the Decree) introduces and governs the responsibility of the “Entities” for administrative offences resulting from a crime. The entities to which the Decree is applicable are all companies, associations with or without legal personality, public institutions of industrial and commercial nature and private entities acting as contractors for public services. The Decree is not applicable, on the contrary, to the State, regional or local authorities, public institutions with no economic concerns and to entities that perform functions of constitutional importance (e.g. political parties and trade unions). The entities are answerable for the perpetration or attempted perpetration of certain crimes by individuals with functional ties to them. Failure of the entity to comply with the regulations contained in the Decree can result in sanctions, which can have a strong impact also on the very exercise of its activities. The liability of the entity does not substitute but is additional to the personal liability of the individual that committed the crime. The Decree establishes a national registry office in which final judgements and decrees concerning the application to entities of administrative sanctions resulting from a crime are recorded, in the form of an excerpt. Each body with jurisdiction over administrative offences resulting from a crime, all public authorities, the entities appointed to perform public services where certification is required to carry out one of their functions, and the public prosecutor, for matters of justice, have the right to obtain certification of all existing entries in the registry that pertain to the entity.