Discipline of administrative responsibility of legal persons, companies and associations, including those without legal personality, in accordance with Article 11 of Law No. September 29, 2000. 300.

Effective as of: 19-1-2016

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Chapter I

ADMINISTRATIVE RESPONSIBILITY OF THE ENTITY

SECTION I
General principles and criteria for assigning responsibility
administrative responsibility

THE PRESIDENT OF THE REPUBLIC

 

Having regard to Articles 76 and 87 of the Constitution;

Given Article 14 of Law No. 400 of August 23, 1988;

Having regard to Articles 11 and 14 of the Law of September 29, 2000, no. 300,

which delegates the government to adopt, within eight months of its entry

in force, a legislative decree having to do with regulating

Of the administrative responsibility of legal persons and the

companies, associations or entities without legal personality that

do not perform functions of constitutional importance according to the principles and

guiding criteria contained in Article 11;

Having regard to the prior deliberation of the Council of Ministers,

Adopted at its meeting on April 11, 2001;

Having obtained the opinions of the relevant standing committees of the

Senate of the Republic and the House of Representatives, in accordance with

Of Article 14, paragraph 1, of the aforementioned Law of September 29, 2000, no.

300;

Having regard to the resolution of the Council of Ministers, adopted in the

May 2, 2001 meeting;

On the proposal of the Minister of Justice, in consultation with the

Minister of industry, trade and commerce and the

foreign trade, with the minister for community policies.

and with the Minister of the Treasury, Budget and Planning

cheap;

 

E m a n a

 

the following legislative decree:

 

Art. 1.

Subjects

 

1. This legislative decree regulates the responsibility

of entities for administrative offenses dependent on crime.

2. The provisions therein apply to entities provided

of legal personality and to companies and associations, including those without

Of legal personality.

3. They do not apply to the state, local government agencies,

To other non-economic public entities as well as entities that carry out

functions of constitutional importance.

Art. 2.

Principle of legality

 

1. The entity cannot be held liable for an act

constituting a crime if its administrative responsibility in

relation to that offense and the related penalties are not expressly

provided for by a law that came into force before the commissioning of the

done.

Art. 3.

Succession of laws

 

1. The entity cannot be held liable for an act that

under a later law no longer constitutes a crime or in

in relation to which there is no longer any liability

administrative institution, and, if there has been a conviction, it shall cease

The execution and legal effects.

2. If the law of the time when the offense was committed and the

subsequent are different, the one whose provisions are

more favorable, unless an irrevocable ruling has been made.

3. The provisions of paragraphs 1 and 2 do not apply if they are

Exceptional or temporary laws.

Art. 4.

Crimes committed abroad

 

1. In the cases and under the conditions stipulated in Articles 7, 8, 9 and 10

Of the Criminal Code, entities having in the territory of the state the headquarters

principal also answer in relation to crimes committed

abroad, provided that the state of the place does not proceed against them

In which the act was committed.

2. In cases where the law provides that the offender shall be punished at

request of the Minister of Justice, proceedings shall be taken against the entity only

If the request is also made against the latter.

Art. 5.

Liability of the entity

 

1. The entity is liable for crimes committed in its interest or

To his advantage:

1. (a) by persons in representative functions, of

administration or management of the entity or a unit thereof

organization with financial and functional autonomy as well as by

Persons exercising, even de facto, management and control

Of the same;

1. (b) by persons under the direction or supervision of one

Of the subjects mentioned in (a).

2. The entity is not liable if the persons specified in paragraph 1 have

Acted in their own or a third party’s exclusive interest.

Art. 6

Individuals in apical position and organizational models of the entity

 

1. If the crime was committed by the persons indicated.

In Article 5, paragraph 1 (a), the entity shall not be liable if it proves

Which:

1. (a) the governing body has adopted and effectively implemented, before

Of the commission of the act, organization and management models

suitable for preventing crimes of the kind that occurred;

1. (b) the task of supervising the operation of and compliance with the

models to take care of their updating was entrusted to a

body of the entity with autonomous powers of initiative and

control;

1. (c) the persons committed the crime by fraudulently evading the

organization and management models;

1. (d) there has been no failure or insufficient supervision by the

Of the body referred to in (b).

2. In relation to the extent of delegated powers and the risk of

commission of crimes, the models referred to in subparagraph (a), paragraph 1,

Must meet the following requirements:

1. (a) identify the activities in the scope of which can be

committed crimes;

1. (b) provide specific protocols aimed at planning the

formation and implementation of the institution’s decisions in relation to the

crimes to be prevented;

1. (c) identify ways to manage financial resources

suitable to prevent the commission of crimes;

1. (d) provide for information obligations towards

Of the body responsible for supervising the operation and compliance

Of the models;

1. (e) introduce an appropriate disciplinary system to punish the

Failure to comply with the measures specified in the model.

3. Organization and management models can be

adopted, ensuring the requirements of paragraph 2, on the basis of

codes of conduct drawn up by representative associations

of the entities, communicated to the Ministry of Justice, which, in consultation

With the relevant ministries, may formulate within 30 days,

Observations on the suitability of models to prevent crimes. (6)

4. In small entities, the tasks specified in the

(b) of paragraph 1, may be carried out directly

By the governing body.

((4-bis. In corporations, the board of auditors, the

supervisory board and the audit committee of the

management can perform the functions of the supervisory body of

referred to in subparagraph 1(b).))

5. However, the confiscation of the profit that the entity has

drawn from the crime, even in the equivalent form.

 

————-

UPDATING (6)

Decree No. 201 of June 26, 2003, provided (by Art. 8, para.

1) that “For codes of conduct sent to the Ministry of

justice until the effective date of this

regulation, the thirty-day period referred to in Article 6, para.

3, of Legislative Decree No. 231 of 2001, shall take effect from that date.”

Art. 7.

Persons subject to the direction of others and organizational models

of the entity

 

1. In the case provided for in Article 5, paragraph 1 (b), the entity

Is liable if the commission of the offense was made possible

From failure to comply with management or supervisory obligations.

2. In any case, failure to comply with the obligations of

Direction or supervision if the entity, prior to the commission of the crime,

Has adopted and effectively implemented an organizational model,

management and control suitable for preventing crimes of the kind of that

occurred.

3. The model provides, in relation to the nature and size

of the organization as well as to the type of activity carried out, measures

suitable to ensure the conduct of business in compliance with the

law and to discover and eliminate situations of

risk.

4. Effective implementation of the model requires:
5. (a) periodic review and possible amendment of the same

When significant violations of the requirements are discovered

or when changes occur in the organization or

In the business;

1. (b) an appropriate disciplinary system to punish the failure to

Compliance with the measures specified in the model.

Art. 8.

Autonomy of the entity’s responsibilities.

 

1. The entity’s liability also exists when:
2. (a) the offender has not been identified or is not

chargeable;

1. (b) the crime is extinguished by a cause other than amnesty.
2. Unless otherwise provided by law, no prosecution shall be made in the

against the entity when amnesty is granted for a crime in

in relation to which he is expected to be responsible, and the defendant has

waived its application.

3. The entity can waive the amnesty.

SECTION II
Penalties in general

Art. 9.

Administrative penalties

 

1. Penalties for administrative offenses dependent on crime

Are:

1. (a) the pecuniary penalty;
2. (b) the prohibitory sanctions;
3. (c) confiscation;
4. (d) publication of the judgment.
5. The prohibitory sanctions are:
6. (a) disqualification from conducting business;
7. (b) suspension or revocation of authorizations, licenses or

concessions functional to the commission of the offense;

1. (c) a ban on contracting with the public administration,

except to obtain the performance of a public service;

1. (d) exclusion from facilitations, financing, contributions or

subsidies and the possible revocation of those already granted;

1. (e) a ban on advertising goods or services.

Art. 10.

Administrative fine

 

1. For the administrative offense dependent on crime, the following applies.

Always the financial penalty.

2. The financial penalty is levied by installments in a number

Not less than one hundred nor more than one thousand.

3.The amount of a share ranges from a minimum of five hundred thousand lire to

A maximum of three million liras.

4. Reduced payment is not allowed.

Art. 11.

Criteria for the commensuration of the financial penalty

 

1. In the commensuration of the financial penalty, the court

determines the number of quotas taking into account the severity of the

fact, the degree of liability of the entity as well as

Of the activity carried out to eliminate or mitigate the consequences of the

fact and to prevent the commission of further wrongdoing.

2. The amount of the fee is set based on the conditions

economic and capital assets of the entity for the purpose of ensuring

The effectiveness of the sanction.

3. In the cases provided for in Article 12, paragraph 1, the amount of the

fee is always two hundred thousand liras.

Art. 12.

Cases of reduction of the financial penalty

 

1. The fine is reduced by half and cannot

However, be more than two hundred million liras if:

1. (a) the offender committed the act in the prevailing

own interest or the interest of a third party and the entity did not benefit or

derived little benefit from it;

1. (b) the property damage caused is particularly minor;
2. The penalty is reduced by one-third to one-half if, before the

Declaration of the opening of the first instance hearing:

1. (a) the entity has fully compensated for the damage and eliminated the

harmful or dangerous consequences of the crime or has otherwise been

Effectively worked to this end;

1. (b) an organizational model has been adopted and operationalized

suitable for preventing crimes of the kind that occurred.

3. In the case where both conditions stipulated by the

letters of the preceding paragraph, the penalty is reduced by half to the

two-thirds.

4. In any case, the fine cannot be less than

Lire twenty million.

Art. 13.

Disqualification penalties

 

1. Disqualification penalties apply in relation to offenses for

which are expressly provided for, when at least one of the

following conditions:

1. (a) the entity has derived a significant profit from the crime and

the crime was committed by persons in an apical position or by

subjects under the direction of others when, in this case, the

commission of the crime was determined or facilitated by serious

organizational shortcomings;

1. (b) in case of reiteration of offenses.
2. Disqualification sanctions have a duration of not less than three

months and not more than two years.

3. Disqualification penalties do not apply in the cases provided for

By Article 12, paragraph 1.

Art. 14.

Criteria for choosing disqualifying sanctions

 

1. Disqualifying sanctions are aimed at the specific activity

To which the entity’s wrongdoing relates. The judge shall determine

the type and duration based on the criteria in Article 11,

Taking into account the suitability of individual sanctions to prevent

wrongdoing of the kind committed.

2. The ban on contracting with the public administration can

also be limited to certain types of contracts or certain

administrations. Disqualification from engaging in a business.

results in the suspension or revocation of permits,

licenses or concessions functional to the conduct of the activity.

3. If necessary, prohibitory sanctions may be applied

Jointly.

4. The business disqualification applies only to.

When the imposition of other disqualifying sanctions is found to be

Inadequate.

Art. 15.

Court Commissioner

 

1. If the conditions for the application of a penalty are met

Disqualification that results in the interruption of the entity’s activity,

the court, in lieu of the application of the penalty, shall order the

continuation of the entity’s activities by a commissioner for

A period equal to the length of the disqualification sentence that would have been

Applied, when at least one of the following conditions is met:

1. (a) the entity performs a public service or a public service

necessity, the interruption of which can cause serious injury

to the community;

1. (b) the interruption of the institution’s activities may cause, taking into account

account of its size and the economic conditions of the

territory in which it is located, significant repercussions

On employment.

2. In the judgment ordering the continuation of the business, the

Judge indicates the duties and powers of the commissioner, taking into account

Of the specific activity in which the wrongdoing took place

By the institution.

3. Within the scope of the tasks and powers specified by the judge, the

Commissioner oversees the adoption and effective implementation of models of

organization and control suitable to prevent crimes of the kind

Than that which has occurred. He cannot perform acts of extraordinary

Administration without permission of the court.

4. The profit from the continuation of the business is

confiscated.

5. The continuation of business by the commissioner cannot

Be ordered when the business interruption follows

To the final application of a disqualifying sanction.

Art. 16.

Definitively applied disqualifying sanctions

 

1. Permanent disqualification may be ordered from exercising

of the activity if the entity has derived a significant profit from the crime

entity and has already been convicted, at least three times in the last

seven years, to temporary disqualification from practicing

Of the activity.

2. The court may apply to the entity, on a permanent basis, the

Sanction of prohibition from contracting with the public administration

or the ban on advertising goods or services when it is already

been sentenced to the same penalty at least three times in the last

seven years.

3. If the entity or one of its organizational units is permanently

used for the sole or predominant purpose of enabling or facilitating the

commission of crimes in relation to which its

liability is always ordered to be permanently disqualified

from operating the business and the provisions do not apply.

provided for in Article 17.

Art. 17.

Reparation of the consequences of the crime

 

1. Without prejudice to the application of financial penalties, the penalties

disqualifications do not apply when, prior to the declaration of

opening of the first instance hearing, the following concur.

conditions:

1. (a) the entity has fully compensated for the damage and eliminated the

harmful or dangerous consequences of the crime or has otherwise been

Effectively worked to this end;

1. (b) the institution has eliminated the organizational deficiencies that have

determined the crime through the adoption and implementation of models

Organizational arrangements suitable for preventing crimes of the kind that

occurred;

1. (c) the entity has made the profit made available for the purpose of

Of confiscation.

Art. 18.

Publication of the judgment of conviction

 

1. The publication of the conviction may be ordered

When a penalty is imposed against the entity

interdiction.

((2. The publication of the judgment shall be in accordance with Art.

36 of the Criminal Code as well as by posting in the municipality where

entity has its main office)).

3. The publication of the judgment is executed, by the

Court clerk’s office, at the expense of the institution.

Art. 19.

Confiscation

 

1. Against the entity is always ordered, with the judgment of

conviction, confiscation of the price or profit of the crime, unless

For the part that can be returned to the injured party. The following are facts

Without prejudice to the rights acquired by bona fide third parties.

2. When it is not possible to execute the forfeiture under subsection

1, the same may relate to sums of money, goods or other

utilities of equivalent value to the price or profit of the crime.

Art. 20.

Reiteration

 

1. There is reiteration when the entity, already convicted as a

final at least once for an offense dependent on a crime, it shall be

Commits another in the five years following the conviction

definitive.

Art. 21.

Plurality of offenses

 

1. When the entity is liable in connection with a plurality of

crimes committed by a single act or omission or committed

in the performance of the same activity and before that for one of

they have been given a judgment, even if not final, shall be applied

The fine prescribed for the most serious offense increased

up to three times. As a result of said increase, the amount of the

Financial penalty, however, can not be more than the sum

Of the applicable penalties for each offense.

2. In the cases provided for in paragraph 1, when in connection with one or more

Of the offenses meet the conditions for the application of the

disqualifying penalties, the one provided for the offense more

severe.

Art. 22.

Prescription

 

1. Administrative penalties are prescribed in the period of five

years from the date of consummation of the crime.

2. Interrupting the statute of limitations is the application of

Disqualifying precautionary measures and the contestation of the offense

Administrative in accordance with Article 59.

3. As a result of the interruption, a new period of

prescription.

4. If the interruption occurred through contestation.

Of the administrative offense dependent on crime, the statute of limitations does not

runs until the time when the judgment that

defines the judgment.

Art. 23.

Failure to comply with prohibitory sanctions

 

1. Whoever, in the performance of the business of the entity to which he is

A sanction or a prohibitory precautionary measure has been applied

transgresses the obligations or prohibitions inherent in such penalties or

measures, shall be punished by imprisonment from six months to three years.

2. In the case referred to in paragraph 1, against the entity

in whose interest or for whose benefit the crime was committed, it is

Applies the administrative fine of two hundred and six hundred

shares and confiscation of the profit in accordance with Article 19.

3. If from the crime referred to in paragraph 1, the entity has made a profit

relevant, disqualifying sanctions, including those other than

Those previously imposed.

SECTION III
((Administrative responsibility for crime))

Art. 24.

Wrongful receipt of disbursements, fraud against the state or

A public entity or for the purpose of obtaining public funds and

Computer fraud against the state or a public agency.

 

1. In connection with the commission of the crimes referred to in articles

316-bis, 316-ter, 640, paragraph 2, no. 1, 640-bis and 640-ter if committed

To the detriment of the state or other public entity, of the Criminal Code, it shall be

applies to the entity a fine of up to five hundred quotas.

2. If, as a result of the commission of the crimes referred to in Paragraph 1,

the entity has made a significant profit or derived

damage of particular severity; the fine shall be applied

Two hundred to six hundred shares.

3. In the cases provided for in the preceding paragraphs, the penalties shall be applied

disqualification provided for in Article 9, paragraph 2 (c), (d) and (e).

Art. 24-bis

(( (Computer crimes and unlawful data processing). ))

 

((1. In connection with the commission of the crimes referred to in articles

615-ter, 617-quater, 617-quinquies, 635-bis, 635-ter, 635-quater and

635-quinquies of the Criminal Code, the penalty shall be applied to the entity

Fine of one hundred to five hundred shares.

2. In connection with the commission of the crimes referred to in articles

615-quater and 615-quinquies of the Criminal Code, the entity shall be subject to the

Monetary penalty of up to three hundred quotas.

3. In connection with the commission of the crimes referred to in articles

491-bis and 640-quinquies of the Criminal Code, except as provided in

by Article 24 of this decree for cases of computer fraud

to the detriment of the state or other public entity, the following shall apply to the entity the

Monetary penalty of up to four hundred quotas.

4. In cases of conviction for one of the crimes specified in paragraph 1, one shall

apply the disqualification sanctions provided for in Article 9, paragraph 2,

(a), (b) and (e). In cases of conviction for one of the crimes

indicated in paragraph 2, the disqualification sanctions provided for in

by Article 9(2)(b) and (e). In cases of conviction for

one of the crimes specified in paragraph 3, the penalties shall be applied

disqualification provided for in Article 9, paragraph 2 (c), (d) and (e)

)).

Art. 24-ter

(( (Organized crime offenses). ))

 

(( 1. In connection with the commission of any of the crimes referred to in

to Articles 416, sixth paragraph, 416-bis, 416-ter and 630 of the Code

Criminal, to crimes committed by taking advantage of the conditions provided by the

aforementioned Article 416-bis or in order to facilitate the activity

Of the associations provided for in the same article, as well as the crimes

provided for in Article 74 of the Consolidated Text referred to in the decree of the

President of the Republic October 9, 1990, No. 309, the

Monetary penalty of four hundred to one thousand shares.

2. In connection with the commission of any of the crimes referred to in

Article 416 of the Criminal Code, with the exception of the sixth paragraph,

or referred to in Article 407, paragraph 2 (a) (5) of the

Code of Criminal Procedure, a fine of from

three hundred to eight hundred shares.

3. In cases of conviction for one of the crimes specified in paragraphs 1 and

2, the disqualification sanctions provided for in Article 9 apply,

Paragraph 2, for a duration of not less than one year.

4. If the entity or one of its organizational units is permanently

used for the sole or predominant purpose of enabling or facilitating the

commission of the crimes specified in paragraphs 1 and 2, the

Penalty of permanent disqualification from practice

Pursuant to Article 16, paragraph 3 )).

Art. 25

Extortion ((, undue inducement to give or promise benefits)) and

corruption

 

1. In connection with the commission of the crimes referred to in articles

318, 321 and 322, paragraphs 1 and 3, of the Criminal Code, the

Monetary penalty of up to two hundred quotas.

2. In connection with the commission of the crimes referred to in articles

319, 319-ter, paragraph 1, 321, 322, paragraphs 2 and 4, of the Criminal Code, shall be

applies to the entity a monetary penalty of two hundred to six hundred quotas.

3. In connection with the commission of the crimes referred to in articles

317, 319, aggravated under Article 319-bis when from the fact

the entity has made a significant profit, 319-ter, para.

2, ((319-quater)) and 321 of the Criminal Code, the entity shall be subject to the

Monetary penalty of three hundred to eight hundred quotas.

4. The monetary penalties provided for the crimes referred to in paragraphs from

1 to 3, apply to the entity even when such crimes have been

Committed by the persons specified in Articles 320 and 322-bis.

5. In cases of conviction for one of the crimes specified in paragraphs 2 and

3, the disqualification sanctions provided for in Article 9 apply,

Paragraph 2, for a duration of not less than one year.

Art. 25-bis

(((Forgery of coins, public credit cards, valuables of

stamp and in instruments or signs of recognition). ))

 

1. In connection with the commission of the crimes stipulated in the Code

Criminal forgery of coins, public credit cards

((, in stamps and instruments or signs of recognition)), it is

apply the following financial penalties to the entity:

1. (a) for the crime referred to in Article 453, the fine

Three hundred to eight hundred shares;

1. (b) for the crimes referred to in Articles 454, 460 and 461 the penalty

Fine of up to five hundred quotas;

1. (c) for the crime referred to in Article 455, the fines

established by (a), in relation to Article 453, and by the

(b), in relation to Article 454, reduced by one-third to the

meta;

1. (d) for the crimes referred to in Articles 457 and 464, second paragraph,

monetary penalties of up to two hundred quotas;

1. (e) for the crime referred to in Article 459, the fines

(a), (c) and (d) reduced by one-third;

1. (f) for the crime referred to in Article 464, first paragraph, the

Monetary penalty of up to three hundred quotas.

((f-bis) for the crimes referred to in Articles 473 and 474, the

fine of up to five hundred quotas)).

2. In cases of conviction for one of the crimes referred to in articles

453, 454, 455, 459, 460((, 461, 473 and 474)) of the Criminal Code, you

apply to the entity the disqualification sanctions provided for in Article 9,

Paragraph 2, for a duration not exceeding one year.

Art. 25-bis.1

(( (Crimes against industry and trade).

 

1. In relation to the commission of crimes against industry and

trade provided for in the Criminal Code, the following shall apply to the entity

following financial penalties:

1. (a) for the crimes referred to in Articles 513, 515, 516, 517, 517-ter

and 517-quater the fine of up to five hundred quotas;

1. (b) for the crimes referred to in Articles 513-bis and 514, the penalty

Fine of up to eight hundred quotas.

2. In the case of conviction for the crimes referred to in paragraph (b) of the

Paragraph 1, the disqualification penalties provided for in

by Article 9, paragraph 2 )).

Art. 25-ter

(Corporate crimes).

 

1. ((In relation to corporate crimes under the

Civil Code, the following penalties shall apply to the entity

pecuniary :))

((a) for the crime of false corporate communications provided for

by Article 2621 of the Civil Code, the fine from

two hundred to four hundred shares));

((a-bis) for the crime of false corporate communications provided for

by Article 2621-bis of the Civil Code, the fine from

one hundred to two hundred shares));

((b) for the crime of false corporate communications provided for

by Article 2622 of the Civil Code, the fine from

four hundred to six hundred quotas));

1. (c) ((LETTER REPEALED BY LAW MAY 27, 2015, NO. 69));
2. (d) for the misdemeanor of false prospectus, provided for by.

by Article 2623, first paragraph, of the Civil Code, the penalty

Fine of one hundred to one hundred and thirty shares;

1. (e) for the crime of false prospectus, provided for in Article

2623, second paragraph, of the Civil Code, the fine from

Two hundred to three hundred and thirty shares;

1. (f) for the offense of falsity in reports or

communications of audit firms, provided for in Art.

2624, first paragraph, of the Civil Code, a fine of one hundred

at one hundred and thirty odds;

1. (g) for the crime of falsifying reports or

communications of audit firms, provided for in Art.

2624, second paragraph, of the Civil Code, the fine from

Two hundred to four hundred shares;

1. (h) for the crime of impeding control, provided for in Article

2625, second paragraph, of the Civil Code, the fine from

One hundred to one hundred and eighty shares;

1. (i) for the crime of fictitious capital formation, provided for

by Article 2632 of the Civil Code, the fine of one hundred

at one hundred and eighty odds;

1. (l) for the crime of improper return of contributions,

provided for in Article 2626 of the Civil Code, the financial penalty

One hundred to one hundred and eighty shares;

1. (m) for the offense of illegal profit sharing and

of reserves, provided for in Article 2627 of the Civil Code, the

Monetary penalty of one hundred to one hundred and thirty shares;

1. (n) for the crime of unlawful transactions in shares or quotas

company or the parent company, provided for in Article 2628

Of the Civil Code, a fine of one hundred to one hundred and eighty

quotas;

1. (o) for the crime of transactions to the detriment of creditors,

provided for in Article 2629 of the Civil Code, the financial penalty

One hundred and fifty to three hundred and thirty shares;

1. (p) for the crime of undue distribution of corporate assets by

part of the liquidators, provided for in Article 2633 of the Civil Code,

The fine of one hundred and fifty to three hundred and thirty quotas;

1. (q) for the crime of unlawful influence on the assembly, provided for

by Article 2636 of the Civil Code, the fine from

One hundred and fifty to three hundred and thirty shares;

1. (r) for the crime of market rigging, provided for in Article 2637 of the

Civil Code and for the crime of failure to disclose the conflict

of interest provided for in Article 2629-bis of the Civil Code, the

Monetary penalty of two hundred to five hundred quotas;

1. (s) for the crimes of obstructing the exercise of the functions of the

Public supervisory authorities, provided for in Article 2638, first

and second paragraph, of the Civil Code, the fine from

Two hundred to four hundred shares;

(s-bis) for the crime of bribery among private individuals, in cases

provided for in the third paragraph of Article 2635 of the Civil Code, the

Monetary penalty of two hundred to four hundred quotas.

3. If, as a result of the commission of the crimes referred to in Paragraph 1,

the entity has made a significant profit, the penalty

Fine is increased by one-third. (9)

 

————-

UPDATING (9)

Law Dec. 28, 2005, No. 262, provided (by Art. 39) that the

Monetary penalties provided for in this article shall be doubled.

Art. 25-quater

(( (Crimes with the aim of terrorism or subversion of the order

democratic). ))

 

(( 1. In connection with the commission of crimes having the purpose of

terrorism or subversion of the democratic order, provided for by the

Criminal Code and special laws, the following shall apply to the entity

following financial penalties:

1. (a) if the crime is punishable by imprisonment of less than

ten years, a fine of two hundred to seven hundred quotas;

1. (b) if the crime is punishable by imprisonment not

Less than ten years or life imprisonment, the fine

Four hundred to one thousand shares.

2. In cases of conviction for one of the crimes specified in Paragraph 1,

The disqualification penalties provided for in Article 9, para.

2, for a duration of not less than one year.

3. If the entity or one of its organizational units is permanently

used for the sole or predominant purpose of enabling or facilitating the

commission of the crimes specified in paragraph 1, the penalty shall be applied

Of the permanent business disqualification under the

Of Article 16, Paragraph 3.

4. The provisions of paragraphs 1, 2 and 3 also apply in

in connection with the commission of crimes, other than those specified in the

Paragraph 1, which have otherwise been put in place in violation of

as provided in Article 2 of the International Convention for

the suppression of the financing of terrorism made in New York on 9

December 1999. ))

Art. 25-quater.1

(( (Practices of female genital organ mutilation) ))

 

(( 1. In connection with the commission of the crimes referred to in Art.

583-bis of the Criminal Code shall apply to the entity, in whose structure

the crime is committed, the fine of 300 to 700 quotas and

The disqualification penalties provided for in Article 9, paragraph 2, for a

duration of not less than one year. In the case of an institution

Accredited private is also revoked accreditation.

2. If the entity or one of its organizational units is permanently

used for the sole or predominant purpose of enabling or facilitating the

commission of the crimes specified in paragraph 1, the penalty shall be applied

Of the permanent business disqualification under the

Of Article 16, Paragraph 3. ))

Art. 25-quinquies

(Crimes against individual personality).

 

1. In connection with the commission of the crimes provided for in Section

I of Chapter III of Title XII of Book II of the Criminal Code shall be.

apply the following financial penalties to the entity:

1. (a) for the crimes referred to in Articles 600, 601 and 602, the penalty

Fine of four hundred to one thousand shares;

1. (b) for the crimes set forth in Articles 600-bis, first paragraph,

600-ter, first and second paragraphs, even if related to the material

pornographic referred to in Article 600-quater.1, and 600-quinquies, the

Monetary penalty of three hundred to eight hundred quotas;

1. (c) for the crimes referred to in Articles 600-bis, second paragraph,

600-ter, third and fourth paragraphs, and 600-quater, even if related to the

pornographic material referred to in Article 600-quater.1, ((as well as

For the crime referred to in Article 609-undecies)) the penalty

Fine of two hundred to seven hundred shares.

2. In cases of conviction for one of the crimes specified in Paragraph 1,

(a) and (b), the disqualification penalties provided for in

by Article 9, Paragraph 2, for a duration of not less than one year.

3. If the entity or one of its organizational units is permanently

used for the sole or predominant purpose of enabling or facilitating the

commission of the crimes specified in paragraph 1, the penalty shall be applied

Of the permanent business disqualification under the

Of Article 16, Paragraph 3.

Art. 25-sexies

(( (Market abuse). ))

 

(( 1. In relation to the crimes of insider trading and

Of market manipulation under Part V, Title I-bis,

Chapter II, of the Consolidated Text referred to in Legislative Decree February 24.

1998, No. 58, a fine of from

four hundred to one thousand shares.

2. If, as a result of the commission of the crimes referred to in paragraph 1, the

product or profit made by the entity is of significant magnitude,

the penalty is increased up to ten times that product or

profit)).

Art. 25-septies

(( (Manslaughter or serious or very serious injury

Committed in violation of the regulations on the protection of health and

occupational safety). ))

 

(( 1. In relation to the crime referred to in Article 589 of the Code

Criminal, committed in violation of Article 55, paragraph 2, of the

Legislative decree implementing the delegation of authority in Law Aug. 3

2007, No. 123, on occupational health and safety, is applied

A fine in the amount of 1,000 quotas. In the case of

conviction for the crime referred to in the preceding sentence, the

Disqualification sanctions referred to in Article 9, paragraph 2, for a duration of

Not less than three months and not more than one year.

2. Except as provided in paragraph 1, in connection with the crime of

referred to in Article 589 of the Criminal Code, committed in violation of the

Regulations on the protection of health and safety at work, shall apply

A fine in an amount of not less than 250 quotas and not

Greater than 500 quotas. In the case of conviction for the crime referred to in the

previous period, the disqualification sanctions set forth in

Article 9, paragraph 2, for a duration of not less than three months and

not exceeding one year.

3. In relation to the crime referred to in Article 590, third paragraph,

Of the Criminal Code, committed in violation of the regulations on the protection

of occupational health and safety, a penalty shall be applied

Fine in an amount not exceeding 250 quotas. In the case of conviction

For the crime referred to in the preceding sentence, the penalties shall be applied

disqualification referred to in Article 9, paragraph 2, for a duration not

greater than six months. ))

Art. 25-octies

(Receiving, laundering, and using money, property or utilities of

illicit origin ((, as well as self-money laundering)) ).

 

1. In relation to the crimes set forth in Articles 648, 648-bis ((,

648-ter and 648-ter.1)) of the Criminal Code, the entity shall be subject to the

Fine of 200 to 800 quotas. In the event that the money, the

property or other benefits come from crime for which it is

Established the punishment of imprisonment exceeding in maximum five

years, a fine of 400 to 1,000 quotas shall be imposed.

2. In cases of conviction for one of the crimes referred to in paragraph 1, one shall

apply to the entity the disqualification sanctions provided for in Article 9,

Paragraph 2, for a term not exceeding two years.

3. In connection with the offenses referred to in paragraphs 1 and 2, the Ministry

of justice, having heard the opinion of the FIU, shall make the observations

referred to in Article 6 of Legislative Decree June 8, 2001, no. 231.

Art. 25-novies

(Copyright infringement crimes).

 

1. In connection with the commission of the crimes stipulated in the

Articles 171, first paragraph (a-bis), and third paragraph, 171-bis,

171-ter, 171-septies and 171-octies of Law April 22, 1941, no. 633,

a fine of up to five hundred quotas shall be imposed on the entity.

2. In the case of conviction for the crimes referred to in paragraph 1, one shall

apply to the entity the disqualification sanctions provided for in Article 9,

Paragraph 2, for a duration not exceeding one year. This is without prejudice to

provided for in Article 174-quinquies of the aforementioned Law No. 633 of the

1. (17) ((20))

 

————-

UPDATE (17)

Law Aug. 3, 2009, No. 116, provided (by Art. 4) that “After

Article 25-octies of Legislative Decree June 8, 2001, no. 231,

the following is inserted:

“Article 25-novies (Inducement not to make statements or to make

false statements to the judicial authority). – 1. In relation

To the commission of the crime referred to in Article 377-bis of the Code

Criminal, a fine of up to five hundred shall be imposed on the entity

quotas.””

————-

UPDATING (20)

L. Aug. 3, 2009, No. 116, as amended by L.D. July 7.

2011, No. 121, provided (by Article 4, paragraph 1) that “After

Article 25-nonies of Legislative Decree June 8, 2001, no. 231,

the following is inserted:

“Article 25-decies (Inducement not to make statements or to make

False statements to the judicial authority). !. In connection with

To the commission of the crime referred to in Article 377-bis of the Code

Civil, a fine of up to five hundred shall be imposed on the entity

quote.””

Art. 25-decies

(( (Inducement not to make statements or to make statements

mendacious to the judicial authority).

 

!. In connection with the commission of the crime referred to in Art.

377-bis of the Civil Code, a fine shall be imposed on the entity

up to five hundred shares.))

Art. 25-undecies

(Environmental Crimes)

 

1. In connection with the commission of the crimes provided for in the Code

Criminal, the following financial penalties shall be applied to the entity:

((a) for the violation of Article 452-bis, the penalty

Fine of two hundred and fifty to six hundred shares;

1. (b) for the violation of Article 452-quater, the penalty

Fine of four hundred to eight hundred shares;

1. (c) for the violation of Article 452-quinquies, the penalty

Fine of two hundred to five hundred shares;

1. (d) for crimes of association aggravated under Art.

452-octies, a fine of three hundred to one thousand shares;

1. (e) for the crime of trafficking and abandonment of high

radioactivity under Article 452-sexies, the penalty

Fine of two hundred and fifty to six hundred shares;

1. (f) for the violation of Article 727-bis, the penalty

Fine of up to two hundred and fifty quotas;

1. (g) for the violation of Article 733-bis, the penalty

Fine of one hundred and fifty to two hundred and fifty quotas)).

((1-bis. In cases of conviction for the crimes specified in Paragraph 1,

(a) and (b) of this article shall apply, in addition to the

Monetary penalties provided therein, the prohibitory penalties provided for

by Article 9, for a period not exceeding one year for the

Crime referred to in the aforementioned subparagraph (a) )).

2. In connection with the commission of the crimes provided for in the decree

Legislative Decree No. 152 of April 3, 2006, the following shall apply to the institution.

financial penalties:

1. (a) for the crimes referred to in Article 137:

1) for violation of paragraphs 3, 5, first sentence, and 13, the

Monetary penalty of one hundred and fifty to two hundred and fifty quotas;

2) for violation of paragraphs 2, 5, second sentence, and 11, the

Monetary penalty of two hundred to three hundred quotas.

1. (b) for the crimes referred to in Article 256:

(1) for violation of subparagraphs (1)(a) and (6), first

period, a fine of up to two hundred and fifty quotas;

2) for violation of subparagraphs 1(b), 3, first sentence,

and 5, a fine of one hundred and fifty to two hundred and fifty

quotas;

(3) for the violation of paragraph 3, second sentence, the penalty

Fine of two hundred to three hundred quotas;

1. (c) for the crimes referred to in Article 257:

1) for the violation of paragraph 1, the fine of up to

two hundred and fifty shares;

2) for the violation of paragraph 2, the fine from

One hundred and fifty to two hundred and fifty shares;

1. (d) for violation of Article 258, paragraph 4, second sentence,

The fine of one hundred and fifty to two hundred and fifty quotas;

1. (e) for the violation of Article 259, paragraph 1, the penalty

Fine of one hundred and fifty to two hundred and fifty shares;

1. (f) for the crime referred to in Article 260, the fine

Three hundred to five hundred shares in the case provided for in paragraph 1 and by

Four hundred to eight hundred shares in the case provided for in paragraph 2;

1. (g) for the violation of Article 260-bis, the penalty

Fine of one hundred and fifty to two hundred and fifty quotas in the case of

provided for in paragraphs 6, 7, second and third periods, and 8, first period,

and a fine of two hundred to three hundred quotas in the case of

Provided for in paragraph 8, second sentence;

1. (h) for the violation of Article 279, paragraph 5, the penalty

Fine of up to two hundred and fifty quotas.

3. In connection with the commission of the crimes stipulated in Law 7

February 1992, No. 150, the following sanctions are applied to the institution

pecuniary:

1. (a) for violation of Articles 1, paragraph 1, 2, paragraphs 1 and 2, and

6(4), a fine of up to two hundred and fifty quotas;

1. (b) for the violation of Article 1, paragraph 2, the penalty

Fine of one hundred and fifty to two hundred and fifty shares;

1. (c) for crimes in the Criminal Code referred to in Article 3-bis,

paragraph 1, of the same Law No. 150 of 1992, respectively:

1) the fine of up to two hundred and fifty quotas, in

case of commission of crimes for which the penalty is not

exceeding in maximum one year imprisonment;

2) the fine of one hundred and fifty to two hundred and fifty

quotas, in the case of the commission of crimes for which the punishment is prescribed

Not exceeding in maximum two years of imprisonment;

3) a fine of two hundred to three hundred quotas, in the case of

Of commission of crimes for which the punishment is provided not exceeding in the

maximum to three years’ imprisonment;

4) a fine of three hundred to five hundred quotas, in

Case of commission of crimes for which the punishment is higher

in the maximum to three years’ imprisonment.

4. In connection with the commission of the crimes stipulated in Article

3, paragraph 6, of Law No. 549 of December 28, 1993, applies to the entity

The fine of one hundred and fifty to two hundred and fifty quotas.

5. In connection with the commission of the crimes provided for in the decree

Legislative Decree No. 202 of November 6, 2007, the following shall apply to the institution

following financial penalties:

1. (a) for the offense referred to in Article 9, paragraph 1, the penalty

Fine of up to two hundred and fifty quotas;

1. (b) for the crimes referred to in Articles 8, paragraph 1, and 9, paragraph 2, the

Monetary penalty of one hundred and fifty to two hundred and fifty quotas;

1. (c) for the offense referred to in Article 8, paragraph 2, the penalty

Fine of two hundred to three hundred quotas.

6. The penalties provided for in paragraph 2 (b) shall be reduced by the

Half in the case of the commission of the crime stipulated in Article 256,

Paragraph 4, of Legislative Decree April 3, 2006, no. 152.

7. In cases of conviction for the crimes specified in paragraph 2, subpara.

(a), no. 2), (b) (3) and (f), and in subsection (5) (b) and (c), it is

apply the disqualification sanctions provided for in Article 9, paragraph 2,

of Legislative Decree No. 231 of June 8, 2001, for a duration not

greater than six months.

8. If the entity or one of its organizational units are stably

used for the sole or predominant purpose of enabling or facilitating the

commission of the crimes referred to in Article 260 of Legislative Decree

April 3, 2006, No. 152, and Article 8 of Legislative Decree No. 6

November 2007, No. 202, the penalty of disqualification shall be applied

definitive from business operation under Article 16, para.

3, of Legislative Decree June 8, 2001 no. 231.

Art. 25-duodecies.

(( (Employment of third-country nationals whose stay is

irregular). ))

 

((1. In connection with the commission of the crime referred to in Art.

22, paragraph 12-bis, of Legislative Decree No. 286 of July 25, 1998, shall be

applies to the entity a fine of 100 to 200 quotas, within the

150,000 limit.))

Art. 26.

Attempted crimes

 

1. Fines and disqualifications are reduced by one-third

to half in relation to the commission in the forms of attempt,

Of the crimes specified in this chapter of the decree.

2. The entity is not liable when it voluntarily prevents the

Accomplishment of the action or realization of the event.

Chapter II
EQUITY RESPONSIBILITY AND CHANGING VICENITIES OF THE ENTITY
SECTION I
Entity’s liability for assets

Art. 27.

Asset liability of the entity

 

1. Of the obligation for the payment of the financial penalty

only the entity is liable from its assets or common fund.

2. State claims arising from administrative offenses

of the entity related to crimes have privilege according to the provisions

of the Code of Criminal Procedure on crime-dependent claims. A

For this purpose, the fine shall be deemed to be equivalent to the penalty

pecuniary.

SECTION II
Alterative events of the entity.

Art. 28.

Transformation of the entity

 

1. In the case of transformation of the entity, the

liability for crimes committed prior to the date on which

the transformation took effect.

Art. 29.

Entity merger

 

1. In the case of a merger, including by incorporation, the merging entity shall

results in liability for the crimes for which the entities were responsible

participants in the merger.

Art. 30.

Entity split

 

1. In the case of partial demerger, the liability remains.

of the demerged entity for crimes committed prior to the date on which

the demerger has taken effect, except as provided in paragraph 3.

2. The beneficiary entities of the split, whether total or partial,

Are jointly and severally liable for the payment of fines

owed by the demerged entity for crimes committed prior to the date

From which the demerger took effect. The obligation is limited to the

Actual value of net assets transferred to the individual institution,

unless it is an entity to which it has been transferred, including in

Party the branch of business under which the

offense.

3. Disqualification penalties related to the crimes specified in Paragraph 2,

apply to the entities to which it remained or was transferred, including in

Party, the line of business within which the crime was

Clerk.

Art. 31.

Determination of penalties in the case of merger or demerger

 

1. If the merger or demerger took place before the conclusion

Of the judgment, the judge, in the commensuration of the penalty

fine in accordance with Article 11, paragraph 2, takes into account the

Economic and asset conditions of the entity originally

responsible.

2. Except as provided in Article 17, the entity resulting from the

merger and the entity to which, in the case of a demerger, the

disqualifying sanction may ask the court for substitution

Of the same with the financial penalty, if, as a result of the

merger or demerger, the condition set forth in the

by subparagraph (b) of paragraph 1 of Article 17, and the following apply

additional conditions in paragraphs (a) and (c) of the same

article.

3. If he grants the request, the judge, in pronouncing judgment

of conviction, replaces the disqualification sanction with a sanction

Fine in the amount of one to two times the amount of the penalty

pecuniary penalty imposed on the entity in connection with the same crime.

4. This is without prejudice to the institution’s right, even in cases of merger or

split after the conclusion of the trial, to request the

Conversion of prohibitory sanction to pecuniary sanction.

Art. 32.

Relevance of the merger or demerger for the purpose of reiteration

 

1. In cases of liability of the merged entity or

beneficiary of the split for crimes committed after the

date from which the merger or demerger took effect, the

judge may deem reiteration, according to Article 20,

also in relation to convictions handed down against the entities

merger participants or the demerged entity for crimes committed

Prior to that date.

2. For this purpose, the court shall take into account the nature of the

violations and the activity under which they were

orders as well as the characteristics of the merger or the

split.

3. With respect to the entities benefiting from the demerger, the reiteration

can only be withheld under subsections (1) and (2) if to them is

Has been transferred, even in part, the line of business within the

Of which was committed the crime for which it was pronounced

Conviction against the split entity.

Art. 33.

Sale of business

 

1. In the case of transfer of the company in whose business was

committed the crime, the transferee is jointly and severally liable, except for the

benefit of prior enforcement of the assigning entity and within the limits

of the value of the company, to the payment of the fine.

2. The transferee’s obligation is limited to the penalties

Monetary amounts that result from the statutory books of account, i.e.

due for administrative offenses for which he was nonetheless a

knowledge.

3. The provisions of this article shall also apply in the

Case of business transfer.

Chapter III
PROCEDURE FOR INSPECTION AND ENFORCEMENT OF SANCTIONS
ADMINISTRATIVE
SECTION I
General provisions

Art. 34.

Applicable procedural provisions

 

1. For administrative offenses proceedings.

dependent on crime, the rules of this chapter shall be observed as well as, in

to the extent compatible, the provisions of the Code of Criminal Procedure and

Of the legislative decree of July 28, 1989, no. 271.

Art. 35.

Extension of discipline relating to the accused

 

1. The procedural provisions relating to the following shall apply to the institution

To the defendant, as compatible.

SECTION II
Subjects, jurisdiction and competence

Art. 36.

Attributions of the criminal judge

 

1. Entity’s jurisdiction to hear administrative offenses

belongs to the criminal court having jurisdiction over the crimes from which the

themselves depend.

2. For the process of establishing the administrative offense.

Of the entity, the provisions on the composition of the

Court and related procedural provisions relating to crimes

On which the administrative offense depends.

Art. 37.

Cases of improbability

 

1. The administrative offense shall not be established.

Of the entity when the prosecution cannot be initiated or

continued against the offender due to the lack of a

procedural condition.

Art. 38.

Reunification and separation of proceedings

 

1. The proceeding for the administrative offense of the entity is

merged with the criminal proceedings instituted against the author

Of the offense on which the offense depends.

2. Separate proceedings are conducted for the administrative offense of the entity

only when:

1. (a) a stay of proceedings was ordered under

Of Article 71 of the Code of Criminal Procedure;

1. (b) the proceedings were settled by summary judgment or

With the application of punishment under Article 444 of the Code

of criminal procedure, or was issued the criminal decree of

conviction;

1. (c) compliance with the procedural provisions makes it

Required.

Art. 39.

Representation of the entity

 

1. The entity participates in the criminal proceedings with its own

legal representative, unless he is charged with the crime from which

depends on the administrative offense.

2. The entity wishing to participate in the proceedings shall constitute itself

By depositing in the registry of the proceeding judicial authority

A statement containing under penalty of ineligibility:

1. (a) the name of the entity and the particulars of its legal counsel

Rep;

1. (b) the name and surname of the advocate and an indication of the

power of attorney;

1. (c) the signature of the defense counsel;
2. (d) the declaration or election of domicile.
3. The power of attorney, given in the form provided for in Article 100,

paragraph 1, of the Code of Criminal Procedure, is filed in the

prosecutor’s office or in the court registry

or is presented at the hearing together with the statement referred to in

Paragraph 2.

4. When the legal representative does not appear, the incorporated entity

Is represented by defense counsel.

Art. 40.

Public defender

 

1. The entity that has not appointed a public defender or is

left without is assisted by a public defender.

Art. 41.

Contumacy of the entity

 

1. An entity that fails to appear in the trial is declared to be

contumacious.

Art. 42.

Changes in the entity during the process

 

1. In the case of transformation, merger or demerger of the entity

originally responsible, the proceedings shall be continued against

Of the entities resulting from such modifying events or beneficiaries

of the split, who participate in the process, in the state in which the

same is located by filing the declaration referred to in Article 39,

Paragraph 2.

Art. 43.

Notifications to the entity

 

1. For the first notification to the institution, the provisions shall be observed.

Of Article 154(3) of the Code of Criminal Procedure.

2. Notifications made by delivery are still valid

To the legal representative, even if accused of the crime on which he depends

The administrative offense.

3. If the entity has declared or elected domicile in the declaration

referred to in Article 39 or in other act communicated to the authority

judicial, notifications shall be made in accordance with Art.

161 of the Code of Criminal Procedure.

4. If it is not possible to make notifications in the prescribed manner

by the preceding paragraphs, the judicial authority shall order new searches.

If the search is unsuccessful, the judge, upon

prosecutor’s request, suspends the proceedings.

SECTION III
Evidence

Art. 44.

Incompatibility with the office of witness.

 

1. The following may not be taken as witnesses:
2. (a) the person accused of the offense on which the offense depends

administrative;

1. (b) the person representing the entity named in the declaration

referred to in Article 39, paragraph 2, and who also held that function

At the time of the commission of the crime.

2. In the case of incompatibility, the person representing the entity

may be questioned and examined in the form, with the limits and with

The effects provided for the interrogation and examination of the person

Defendant in related proceedings.

SECTION IV
Precautionary measures

Art. 45.

Application of precautionary measures

 

1. When there is serious evidence to believe the existence of the

liability of the entity for an administrative offence dependent on

by crime and there are well-founded and specific indications that the

Real danger of wrongdoing of the same

character of that for which it is being prosecuted, the prosecutor may

request the application as a precautionary measure of one of the

Disqualification penalties provided for in Article 9, paragraph 2, presenting

to the judge the elements on which the request is based, including those

in favor of the entity and any deductions and defense pleadings already

filed.

2. On the request, the judge shall make an order, in which he shall indicate

also the way the measure is applied. The

Provisions of Article 292 of the Code of Criminal Procedure.

3. In lieu of a prohibitory precautionary measure, the court may

Appoint a judicial commissioner in accordance with Article 15 for a

period equal to the duration of the measure that would be applied.

Art. 46.

Criteria for choosing measures

 

1. In ordering precautionary measures, the judge shall take into account the

specific suitability of each in relation to the nature and degree

Of the precautionary needs to be met in the specific case.

2. Any precautionary measure must be proportionate to the extent of the

fact and the penalty that is deemed likely to be imposed on the entity.

3. The business disqualification can be

ordered as a precautionary measure only when any other measure appears to be

Inadequate.

4. Precautionary measures cannot be applied together.

Art. 47.

Competent court and enforcement proceedings

 

1. On the application and revocation of precautionary measures as well as

On changes in their manner of execution, the court shall provide.

proceeding. In the course of the investigation, the judge for the

preliminary investigation. The provisions of

To Article 91 of Legislative Decree July 28, 1989, no. 271.

2. If the request for the application of precautionary measure is

filed out of court, the judge shall set the date of the hearing and shall

shall cause notice to be given to the prosecutor, the entity, and defense counsel. The entity

and the defenders are also notified that at the clerk’s office of the

judge, may examine the request from the prosecutor and the

elements on which it is based.

3. In the hearing provided for in paragraph 2, the forms shall be observed

of Article 127, paragraphs 1, 2, 3, 4, 5, 6 and 10, of the Code of

Criminal procedure; the deadlines stipulated in paragraphs 1 and 2 of the same

article are reduced to five and three days respectively. Between the

Filing of the request and the date of the hearing cannot elapse

A period longer than 15 days.

Art. 48.

Executive compliance

 

1. The order ordering the application of a precautionary measure

Is notified to the entity by the prosecutor.

Art. 49.

Suspension of precautionary measures

 

1. Precautionary measures may be suspended if the entity requests to

To be able to carry out the fulfillments to which the law conditions exclusion

Of prohibitory sanctions under Article 17. In such a case, the

judge, after hearing the prosecutor, if he considers to uphold the

request, determines a sum of money as security,

orders the suspension of the measure and indicates the time limit for the

realization of the restorative conduct referred to in the same article

17.

2. The bail consists of the deposit with the Bank of Fines.

Of a sum of money that cannot, however, be less than the

Half of the minimum fine for the offense for

to which proceedings are being taken. In lieu of filing, the provision of

A guarantee by mortgage or joint and several surety.

3. In case of failure, incomplete or ineffective execution of the

activity within the set time limit, the precautionary measure is reinstated

And the sum deposited or for which security has been given is

Devolved to the Fine Fund.

4. If the conditions set forth in Article 17 are fulfilled, the court

Revoke the precautionary measure and order the return of the sum

deposited or the cancellation of the mortgage; the surety given

extinguishes.

Art. 50.

Revocation and replacement of precautionary measures

 

1. Precautionary measures are also revoked ex officio when

are found to be lacking, including due to intervening facts, the conditions of

applicability provided by Article 45 or when the

assumptions provided for in Article 17.

2. When the precautionary requirements are mitigated or the

measure applied no longer appears proportionate to the magnitude of the fact or

to the penalty that is deemed to be enforceable as a

final, the judge, at the request of the prosecutor or

of the entity, replaces the measure with another less serious one or it

arranges for enforcement in a less burdensome manner, including by establishing

a shorter duration.

Art. 51.

Maximum duration of precautionary measures

 

1. In ordering precautionary measures, the judge shall determine the

duration, which cannot exceed half of the maximum term indicated

By Article 13, paragraph 2.

2. After the first instance conviction, the duration of the

precautionary measure can have the same duration as the corresponding

sanction applied in the same sentence. In any case, the duration

Of the precautionary measure may not exceed two-thirds of the term

maximum specified in Article 13(2).

3. The term of duration of precautionary measures starts from the date

Of service of the order.

4. The duration of precautionary measures is counted in the duration of the

Penalties permanently applied.

Art. 52.

Appeal of measures applying precautionary measures

 

1. The prosecutor and the entity, through its defense counsel,

may appeal against all measures in the field of

precautionary measures, contextually stating the reasons for them. The following are noted.

The provisions of Article 322-bis, paragraphs 1-bis and 2, of the

code of criminal procedure.

2. Against the order issued under paragraph 1, the public

Ministry and the entity, through its defense counsel, may propose

Cassation appeal for violation of law. The following are noted.

Provisions of Article 325 of the Code of Criminal Procedure.

Art. 53.

Preventive seizure

 

1. The court may order the seizure of the things of which it is

confiscation allowed under Article 19. The following shall be observed

provisions of Articles 321(3), (3a) and (3b), 322,

322-bis and 323 of the Code of Criminal Procedure, as applicable.

((1-bis. Where the seizure, executed for the purpose of confiscation for

equivalent provided for in paragraph 2 of Article 19, has to do with

companies, businesses or assets, including securities, as well as shares

shares or liquid assets even if on deposit, the custodian

judicial administrator allows its use and management to the

corporate bodies solely for the purpose of ensuring the continuity and

corporate development, exercising the powers of supervision and

Reporting it to the judicial authority. In case of violation of the

aforementioned purpose,the judicial authority shall take the measures

consequent and may appoint an administrator in the exercise of the

shareholder powers. With the appointment, the

fulfillments under Article 104 of the implementing rules, of

coordination and transitional provisions of the Code of Criminal Procedure, referred to in the

Legislative Decree of July 28, 1989, no. 271. In case of seizure in

Damage to companies that operate establishments of strategic interest

national and their subsidiaries, the provisions set forth in

To Decree-Law No. 61 of June 4, 2013, converted, with amendments,

By Act Aug. 3, 2013, no. 89)).

Art. 54.

Impoundment

 

1. If there is good reason to believe that there is a lack of or is

Disperse the security for the payment of the financial penalty,

Of the costs of the proceedings and any other sum due to the Treasury

of the state, the prosecutor, at every state and level of the

trial on the merits, seeks the attachment of movable property

and real estate of the entity or the sums or things due to the same. Yes

comply with the provisions of Articles 316(4), 317,

318, 319 and 320 of the Code of Criminal Procedure, as applicable.

SECTION V
Preliminary investigation and preliminary hearing.

Art. 55.

Annotation of the administrative offense

 

1. The prosecutor who acquires notice of the offence

Administrative offense dependent committed by the entity notes

immediately, in the register referred to in Article 335 of the Code of

criminal procedure, the identifying elements of the entity together,

where possible, the particulars of its legal representative as well as

The offense on which the offense depends.

2. The annotation referred to in paragraph 1 is communicated to the institution or its

defender who requests it in the same limits in which it is

Allowed the communication of the inscriptions of the news of the crime

To the person to whom the offense is attributed.

Art. 56.

Deadline for the establishment of the administrative offense in the

preliminary investigation

 

1. The prosecutor proceeds to the establishment of the offence

Administrative in the same terms as for investigations

preliminaries related to the offense on which the offense itself depends.

2. The time limit for establishing the administrative offense at

borne by the institution shall commence from the annotation provided for in Article 55.

Art. 57.

Warranty Information

 

1. The assurance information sent to the institution must contain the following.

The invitation to declare or elect domicile for notifications

as well as the warning that to participate in the proceedings must

Filing the declaration referred to in Article 39, paragraph 2.

Art. 58.

Archiving

 

1. If it does not proceed to challenge the administrative offense to

Pursuant to Article 59, the prosecutor shall issue a reasoned decree

Of filing the documents, communicating it to the Attorney General’s Office

In the court of appeals. The attorney general may carry out the

indispensable findings and, if it considers that the

conditions, charges the entity with administrative violations

resulting from the offense within six months of the communication.

Art. 59.

Contesting the administrative offense

 

1. When the prosecutor does not order the case to be dismissed, the

charges the entity with the administrative offense dependent on the crime. The

contestation of the offense is contained in one of the acts indicated

by Article 405(1) of the Code of Criminal Procedure.

2. The dispute contains the identifying elements of the entity,

The statement, in clear and precise form, of the fact that it can

result in the application of administrative sanctions, with

The indication of the offense on which the offense depends and the related

Articles of law and sources of evidence.

Art. 60.

Forfeiture of challenge

 

1. The challenge referred to in Article 59 cannot be made.

When the crime on which the entity’s administrative offense depends is

Extinguished by statute of limitations.

Art. 61.

Measures issued in the preliminary hearing

 

1. The preliminary hearing judge shall render a judgment of non

place to proceed in cases of extinction or improbability of the

Administrative penalty, or when the offense itself does not exist

o the elements acquired are insufficient, contradictory or

In any case, not suitable to support the liability in court

Of the institution. The provisions of Article 426 of the Code shall apply.

Criminal procedure.

2. The decree which, following the preliminary hearing, orders the

judgment against the entity, contains, under penalty of nullity, the

contestation of the administrative offense dependent on the crime, with

The statement, in clear and precise form, of the fact that it can

involve the application of penalties and the designation of the offense to be

to which the offense depends and the relevant articles of law and sources

evidence as well as the identifying elements of the entity.

SECTION VI
Special proceedings

Art. 62.

Abbreviated judgment

 

1. The provisions of the

Title I of Book Six of the Code of Criminal Procedure, as

applicable.

2. If there is no preliminary hearing, the

Provisions of Articles 555(2), 557 and 558(8).

3. The reduction referred to in Article 442, paragraph 2, of the Code of

Criminal procedure is operated on the duration of the disqualification sanction

And on the amount of the financial penalty.

4. In any case, summary judgment is not allowed when for

the administrative offense is provided for the application of a penalty

permanent disqualification.

Art. 63.

Application of penalty on request

 

1. The application to the entity of the penalty on demand is allowed

Whether the judgment against the defendant is settled or

Definable under Article 444 of the Code of Criminal Procedure.

as well as in all cases where for the administrative offense is

Only a fine is provided for. The provisions of

referred to in Title II of Book Six of the Code of Criminal Procedure, in

as applicable.

2. In cases where the penalty on demand is applicable, the

Reduction referred to in Article 444, paragraph 1, of the Code of Procedure

Criminal is operated on the duration of the disqualification penalty and

On the amount of the financial penalty.

3. The judge, if he finds that a penalty should be applied

interdiction permanently, rejects the request.

Art. 64.

Proceedings by decree

 

1. The prosecutor, when he believes that the

only fine, may submit to the judge for investigation

preliminary, within six months from the date of the annotation of the offense

administrative in the registry referred to in Article 55 and after the

transmission of the file, reasoned request for the issuance of the

Decree of the application of the financial penalty, indicating the

measurement.

2. The prosecutor may request the application of a

Monetary penalty decreased by up to half from the minimum

Of the applicable amount.

3. The court, when it does not grant the request, if it does not have to

Pronounce judgment excluding the entity’s liability,

Returns the records to the prosecutor.

4. The provisions of Title V of Book Six and

Of Article 557 of the Code of Criminal Procedure, in that.

compatible.

SECTION VII
Judgment

Art. 65.

Time limit to provide for the reparation of the consequences of the crime

 

1. Before the opening of the first instance hearing, the judge

may order a stay of proceedings if the entity requests to

provide for the activities referred to in Article 17 and demonstrates that it is

been unable to carry them out earlier. In such a case, the

judge, if he considers granting the request, determines a sum

Of money as security. The provisions of

Article 49.

Art. 66.

Judgment excluding the liability of the entity

 

1. If the administrative offense charged against the entity does not exist,

the court shall declare it by judgment, stating the cause in the

device. Similarly it proceeds when it is missing, it is insufficient

Or is contradictory evidence of the administrative offense.

Art. 67.

Judgment of non-prosecution

 

1. The judge shall render a judgment of non-prosecution in cases

provided for in Article 60 and when the penalty is extinguished for

prescription.

Art. 68.

Provisions on precautionary measures

 

1. When pronouncing one of the sentences referred to in Articles 66 and

67, the court declares the termination of precautionary measures

possibly arranged.

Art. 69.

Sentence of conviction

 

1. If the entity is found responsible for the administrative offense

contested, the court shall apply the penalties prescribed by law and the

Ordered to pay court costs.

2. In the case of the application of prohibitory sanctions, the judgment

must always indicate the activity or facilities covered by the

penalty.

Art. 70.

Judgment in the case of modifying events of the entity

 

1. In the case of transformation, merger or demerger of the entity

responsible, the court shall note in the operative part that the judgment is

pronounced against the entities resulting from the transformation

or merger or beneficiaries of the demerger, indicating the entity

Originally responsible.

2. The judgment rendered against the entity originally

responsible shall, however, also take effect against the entities

indicated in subsection 1.

SECTION VIII
Appeals

Art. 71.

Appeals of judgments related to liability

entity’s administrative

 

1. Against the judgment applying different administrative penalties

from disqualifying ones, the entity may appeal in the cases and

In the manner established for the defendant of the crime on which it depends

The administrative offense.

2. Against the judgment applying one or more disqualifying sanctions,

the entity can always appeal even if the appeal is not allowed

For the defendant of the offense on which the administrative offense depends.

3. Against the judgment concerning the administrative offense the

prosecutor can bring the same appeals allowed

For the offense on which the administrative offense depends.

Art. 72.

Extent of appeals

 

1. Appeals brought by the defendant of the crime on which he depends on

the administrative offense and by the entity, benefit, respectively,

to the entity and the defendant, as long as they are not based on grounds exclusively

personal.

Art. 73.

Review of judgments

 

1. Judgments rendered against the entity shall be applied to,

to the extent compatible, the provisions of Title IV of Book Nine

of the Code of Criminal Procedure with the exception of Articles 643, 644,

645, 646 e 647.

SECTION IX
Execution

Art. 74.

Execution judge

 

1. Competent to hear enforcement of sanctions

administrative offense dependent is the court indicated

In Article 665 of the Code of Criminal Procedure.

2. The court specified in paragraph 1 also has jurisdiction over the

related measures:

1. (a) to the termination of the execution of penalties in cases

provided for in Article 3;

1. (b) to the termination of execution in cases of extinction of the

crime by amnesty;

1. (c) to the determination of the applicable administrative penalty

In the cases provided for in Article 21 (1) and (2);

1. (d) to the confiscation and return of seized property.
2. In the enforcement proceedings, the provisions of

referred to in Article 666 of the Code of Criminal Procedure, as

Applicable. In the cases provided for in paragraph 2 (b) and (d), it is

comply with the provisions of Article 667, paragraph 4, of the

code of criminal procedure.

4. When disqualification is applied.

of the activity, the court, at the request of the institution, may authorize

The performance of ordinary management acts that do not involve the

continuation of the banned activity. The provisions of the following shall be observed

referred to in Article 667(4) of the Code of Criminal Procedure.

Art. 75

(( ARTICLE REPEALED BY PRESIDENTIAL DECREE NO. 155 OF MAY 30, 2002 ))

Art. 76.

Publication of the sentence enforcement judgment

 

1. The publication of the judgment of conviction is carried out at the expense

Of the entity against which the penalty was imposed. Yes

comply with the provisions of Article 694, paragraphs 2, 3 and 4,

Of the Code of Criminal Procedure.

Art. 77.

Enforcement of prohibitory sanctions

 

1. The excerpt of the judgment that ordered the application of a

Disqualification sanction is notified to the entity by the public

ministry.

2. For the purpose of the commencement of the term of sanctions

disqualification is taken in regard to the date of service.

Art. 78.

Conversion of prohibitory sanctions

 

1. The entity that has belatedly carried out the conduct referred to in

Article 17, within twenty days of the notification of the extract

Of the judgment, he can request the conversion of the penalty

Administrative interdiction into pecuniary penalty.

2. The request is submitted to the execution judge and must

Contain documentation proving the execution of the

fulfillments under Article 17.

3. Within ten days of the submission of the request, the

judge sets the hearing in chambers and causes notice to be given

to the parties and defense counsel; if the request does not appear manifestly

unfounded, the court may suspend the execution of the penalty. The

suspension is ordered by revocable reasoned decree.

4. If he grants the request, the judge shall, by order, convert the

Disqualifying sanctions, determining the amount of the sanction

Fine in a sum not less than that already applied in

judgment and not more than twice that amount. In determining

The amount of the sum the court shall take into account the severity

Of the tort found in the judgment and the reasons that have

determined the late fulfillment of the conditions set forth in

Article 17.

Art. 79.

Appointment of judicial commissioner and forfeiture of profit

 

1. When the judgment ordering the

continuation of the institution’s business in accordance with Article 15, the

Appointment of the judicial commissioner is requested by the prosecutor

to the execution judge, who shall do so without formality.

2. The commissioner shall report every three months to the judge

Of execution and to the prosecutor on the progress of management

and, upon completion of the assignment, submits a report to the judge

On the activity carried out in which he gives an account of management,

also indicating the amount of profit to be subject to forfeiture and

The ways in which the organizational models were implemented.

3. The court shall decide on the forfeiture in the form of Article 667,

Paragraph 4, of the Code of Criminal Procedure.

4. Expenses related to the work carried out by the commissioner and his or her

compensation are borne by the institution.

Art. 80

(( ARTICLE REPEALED BY PRESIDENTIAL DECREE NO. 313 OF NOVEMBER 14, 2002 ))

Art. 81

(( ARTICLE REPEALED BY PRESIDENTIAL DECREE NO. 313 OF NOVEMBER 14, 2002 ))

Art. 82

(( ARTICLE REPEALED BY PRESIDENTIAL DECREE NO. 313 OF NOVEMBER 14, 2002 ))

Chapter IV
Implementation and coordination provisions.

Art. 83.

Concurrence of sanctions

 

1. Only the sanctions shall be applied against the entity

disqualification established in this legislative decree even when

different provisions of the law provide, as a result of the

conviction for the crime, the application against

of the institution of administrative sanctions of the same or similar content.

2. If, as a result of the offense, the entity has already been

Applied an administrative penalty of the same or similar content

to the prohibitory one provided by this legislative decree, the

duration of the penalty already suffered is counted for the purpose of the

Determination of the duration of the administrative penalty dependent

by crime.

Art. 84.

Communications to supervisory or control authorities

 

1. The order applying prohibitory precautionary measures and the

irrevocable judgment of conviction shall be communicated by the

clerk’s office of the court that issued them, to the authorities that

Exercise control or supervision over the entity.

Art. 85

Regulatory Provisions

 

1. By regulation issued pursuant to Article 17, Paragraph 3,

of Law No. 400 of August 23, 1988, within 60 days of the date

of publication of this legislative decree, the Minister of

Justice adopts the regulatory provisions on the

proceedings for the determination of the administrative offense that

Concern:

1. (a) the manner of formation and maintenance of office files

judicial;

1. (b) (( LETTER REPEALED BY Presidential Decree No. 313 of NOVEMBER 14, 2002 ));
2. (c) other activities necessary for the implementation of this

Legislative decree.

2. The opinion of the Council of State on the regulation provided by the

Paragraph 1 is rendered within 30 days of the request.

 

This decree, bearing the seal of the state, shall be entered

In the Official Compendium of Legislative Acts of the Republic

Italian. It is incumbent upon everyone to observe it and to do so

observe.

Given in Rome, addi’ 8 June 2001

 

CIAMPI

 

Amato, President of the Council of

Ministers

Fassino, Minister of Justice

Letta, minister of industry, the

trade and commerce and the

foreign trade

Mattioli, Minister for Policy

community

Visco, Minister of the Treasury, the

budgeting and planning

economic

See, the Keeper of the Seals: Fassino