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Company’s Survival Strategy: Eliminate Offences to Avoid Interim Measures

In today’s business environment where compliance with laws and regulations is paramount, companies can take proactive steps to reduce their risk of being subject to interim coercive measures by eliminating the likelihood of further offences.

Leniency and Cooperation

While there is no formal mechanism for companies to cooperate with investigations or disclose violations in exchange for immunity or reduced penalties, a certain degree of cooperation can significantly impact the outcome. By cooperating with authorities during investigations and before trial, companies can reduce pre-trial and final sanctions imposed upon them.

• Companies can demonstrate cooperation by:
  • Compensating damage and eliminating harmful consequences
  • Eliminating organisational deficiencies through effective compliance programs
  • Making profits obtained from criminal activity available for confiscation

Plea Bargaining

Italy’s plea bargaining mechanism allows companies to negotiate with prosecuting authorities, which can lead to reduced sanctions. For companies, this reduction operates on fines and disqualification periods.

• An admission of wrongdoing is not always required, and the plea bargaining cannot be used as evidence in related civil, tax, or ethical proceedings.

Corporate Liability

Italian law does not explicitly regulate corporate liability within groups of companies. However, case law has established that a parent company can only be held responsible under Law 231 if specific requirements are met.

• These requirements include:
  • Involvement of a manager or employee
  • Commission of the predicate criminal offence in the interest or for the benefit of the parent company

Conclusion

In light of these developments, companies must remain vigilant and proactive in their compliance efforts to avoid falling victim to interim measures and potential legal consequences. By adopting effective strategies and cooperating with authorities, companies can mitigate risks and ensure their survival in today’s complex business landscape.

Sources

[1] Court of Cassation, United Sections, 24 April 2014, Case No. 38343 [2] Code of Criminal Procedure (CCP), articles 329 and 415-bis [3] Legislative Decree No. 231/2001 (Law 231), article 7 …and many more.

Note

This article is a rewritten version of the original text for media publication purposes, condensed and reorganized to better fit a news article structure.