l legislative decree 8 June 2001 n. 231 (hereinafter, “Legislative Decree 231/2001”) introduced the Italian legislation on the liability of entities for administrative offenses depending on a crime into Italian law.
As a consequence, associative bodies – including joint stock companies – can be held responsible, and consequently sanctioned in a pecuniary and / or disqualifying way, in relation to certain crimes committed or attempted – in Italy or abroad – in the interest or to their advantage.
The Board of Directors of TIESSE S.p.A. (“TIESSE”) has adopted an Organization, Management and Control Model pursuant to Legislative Decree 231/2001 (hereinafter also “Model 231”) aimed at ensuring that company representatives at all levels of the organization cannot engage in unlawful conduct
in the interest or to the advantage of the company if not fraudulently evading the rules of the company organization, documented in the principles, policies and internal procedures of the company, and effectively implemented in concrete company practice.
The role of supervisor on Model 231 is assigned to the Supervisory Body of TIESSE firstname.lastname@example.org
Model 231 aims to represent the system of operating and behavioral rules governing the Company’s activities, as well as the additional control elements that the Company has adopted in order to prevent the commission of the various types of offenses contemplated by the Legislative Decree 231/2001. In particular, Model 231 aims to:
- determine in all those who work in the name and on behalf of TIESSE in the “areas at risk of crime” and in the “areas instrumental to the commission of crimes” the awareness of being able to incur, in the event of violation of the provisions contained therein, in a punishable offense sanctions not only against himself but also against the Company;
- reiterate that these forms of unlawful behavior are strongly condemned by TIESSE as they are in any case contrary, in addition to the provisions of the law, also to the ethical behavioral principles which the Company adheres to in carrying out its corporate mission;
- allow the Company, thanks to a continuous monitoring action on the “areas at risk of crime” and on the “areas instrumental to the commission of crimes”, to intervene promptly to prevent or combat the commission of the crimes themselves.
Model 231 TIESSE consists of:
- a General Part, which illustrates the function and principles of Model 231, the contents of Legislative Decree 231/2001, as well as dealing with the fundamental issues of Model 231 from the methods of adoption, the identification of activities at risk, the definition of protocols, the characteristics and functioning of the Supervisory Body, the training and information disciplinary / sanction.
- Special Parts, with reference to the individual categories of offenses applicable to the Company, which describe the control protocols and specific procedures to be applied in the performance of “sensitive” activities and instrumental processes, identified with reference to the types of offenses intended to be prevented.