The Company has decided to adopt Model 231 to ensure greater business efficiency, but also to prevent any risks and sanctions that may occur in relation to the cases included among the Predicate Offences, designed to configure administrative liability for entities with criminal relevance.
This document (the "Risk Analysis and Suggestions") has been prepared in order to prepare the Company Model, including the following cases:
- Crimes against the Public Administration and inducement not to make statements or to make false statements to the judicial authority (articles 24, 25 and 25 decies of Legislative Decree 231/2001);
- Crimes of falsity in coins, public credit cards, stamp values and instruments or signs of recognition (Article 25 bis of Legislative Decree 231/2001);
- Crimes against industry and commerce (art. 25 bis.1 D. Lgs. 231/2001);
- Corporate Crimes (Article 25 ter of Legislative Decree 231/2001):
- Crimes against the individual personality and crimes of employment of illegally staying third-country nationals (articles 25 quinquies and 25k of Legislative Decree 231/2001);
- Crimes of receiving stolen goods, money laundering, use of money, goods or benefits of illicit origin as well as self-laundering and terrorist financing (articles 25 octies and 25 quarter of Legislative Decree 231/2001);
- Computer crimes and crimes concerning copyright infringement (articles 24 bis and 25 novies of Legislative Decree 231/2001);
- Crimes of manslaughter and serious or very serious injuries committed with violation of accident prevention regulations and on the protection of health and safety at work (Article 25 septies of Legislative Decree 231/2001);
- Environmental crimes (art. 25 undecies D. Lgs. 231/2001);
- Crimes of organized crime (art. 24 ter D. Lgs. 231/2001);
- Tax offences (art. 25 quinquiesdecies D. Lgs. 231/2001);
- Smuggling offences (Article 25 sexiesdecies of Legislative Decree 231/2001).
This Risk Analysis and Suggestions aims to identify and describe the main Sensitive Activities in which the above Predicate Offences and the related measures already existing to oversee these activities may – albeit abstractly – be committed, also indicating the improvements to be made in order to prevent the risks associated with Decree 231.
This Risk Analysis and Recommendations document is based on the evidence that emerged from the analysis of the documentation provided by the Company.
It is emphasized that the reading of the Risk Analysis and Suggestions must be carried out bearing in mind that its contents are based solely on Decree 231 and that every consideration is made in relation to the purposes and risks associated with the aforementioned decree.
Finally, it is necessary to consider this analysis to be of a purely legal nature and does not extend to the evaluation of any other aspect more properly of an organizational and risk management nature.