Italian Legislative Decree 231 of 8 June 2001 introduced into the Italian legal system a new level of responsibility: the legal liability of bodies, companies, associations and legal entities for certain offences committed or attempted by individuals in the interest or to the advantage of a company.
According to Italian Legislative Decree 231, if a person commits a specific offence in the interest of, or to the advantage of, a company, the criminal liability for this offence will lie not only with the person who committed it but also with the company involved.
The law has specified which offences the company will be held responsible for if carried out in the interest of, or to the advantage of, the company.
However, Italian Legislative Decree 231 also makes provision for companies to exempt themselves from such administrative liability (the so-called "protective shield"), in the event that it can demonstrate that during the perpetration of a crime among those referred to in the Decree, it had absolutely no involvement whatsoever in the criminal acts perpetrated, with the consequent placing of liability exclusively on the natural person who actually committed the offence.
The aforesaid non-involvement of the company with respect to the criminal acts must be proven by demonstrating that it had adopted and effectively implemented a set of organisational regulations and rules of conduct (the so-called Organisational Management and Control Model or Model 231) aimed at the prevention of the offences in question.
On 27 March 2018, the Board of Directors of Gianluca Mech SpA approved the Organisation, Management and Control Model, prepared pursuant to, and for the purposes of, Italian Legislative Decree No. 231/2001.
Therefore the Company now has an organisational model, an internal control system and appropriate rules of conduct in place to prevent the perpetration of the crimes covered by the Italian Legislative Decree by any person in the company (directors, employees or other company co-workers) and all those, even not directly employed by the company, who in various capacities participate in any "sensitive" activities covered by Italian Legislative Decree 231. The Organisation, Management and Control Model pursuant to Legislative Decree 231/2001 |