The legislative decree 231/01 provides the Administrative Liability of the Company for stated crimes committed to its interest or advantage by representative, administration or manager persons of the same Company or of one its unity provided with functional and financial autonomy as well by persons that exercise management and control (high level managers) or by persons submitted to management or supervision of the above written subjects (persons submitted to someone else’s management).
The decree, moreover at the points 6 and 7, provides that the Company:
1) does not pay for crimes carried out by high level subjects if:
- before the crime has been carried out, the management body adopted and effectively implemented organization and management models in order to prevent crimes of that kind;
- the task of control on functioning and compliance with the models and to take care of their updates has been entrusted to a body provided with independent powers of initiative and control;
- the violator eluded deceitfully organizational and management models;
- no omission or inadequate control by the body as at the letter b.
2) pays for the crimes carried out by subjects submitted to someone else’s management if the crime has been caused by the non conformity to the management and control obliges, excluding the non conformity to the management and control obliges if the body, before the crimes being carried out, adopted and effectively implemented un organization and management models in order to prevent crimes of that kind;
The Company by resolution of the Board of Directors starting from 5th October 2005, had an organization, management and control system under the low decree 8.6.2001 no. 231. This model was certified on 1st March 2006 by RINA.
Notwithstanding low and organization obliges the Company has however an Ethical Code, a conjunction of rights, duties and responsibilities of the Company aimed to promote, recommend and prohibit specific behaviours hereafter attached.