The Legislative Decree no. 231 dated June 8, 2001 has introduced administrative liability for legal entities, companies and associations to the Italian legal framework.
The Decree provides for the application of restrictive sanctions against the entity/company whose individuals in senior positions or employees, in performing their activities, have committed certain offences on the entity's behalf and / or to its advantage.
For FINCANTIERI the introduction of the Decree represented an opportunity to reaffirm in its Code of Conduct those principles of loyalty, faithfulness, and honesty that have always distinguished its modus operandi.
To comply with the requirements of Legislative Decree 231/2001 (art.6 II°c.) "[...] the models must meet the following demands:
- identify activities where crimes may be committed;
- establish specific protocols aimed at planning how the Board's decisions are to be developed and implemented in relation to the crimes to be prevented;
- identify ways to manage appropriate financial resources to prevent crimes from being committed;
- establish information obligations as regards the Board responsible for overseeing how the models function and are complied with;
- introduce an appropriate disciplinary system for issuing sanctions for non-compliance with the measures specified in the model [...]."