The Legislative Decree 231/01 institutes the administrative responsibility of the Organization for violation realized by administrators, managers and/or employees for the benefit of the Organization itself. The decree involves every society of capitals and people, associations without legal personality too and economic public authorities. Don’t fall within the scope the State, local public authorities, not economic public authorities and authorities that don’t perform constitution functions. In addition, the decree introduces the prerequisites of responsibility’s exoneration.
The Organization can be exonerated by administrative responsibility in case proves to have adopted and realized efficiently organizational models fraud-resistant and suitable to prevent a specific violation. Complete the picture of necessary conditions for the responsibility’s exoneration:
- The appointment from the Governing Body of a monitoring body that checks the application of the model;
- The prediction of sanctions for failure to apply.
The Organization that has adopted an organizational model can require the verification by an independent third party.
Dimitto offers an audit service of organizational models both for the part related to the managerial-administrative violation and for aspects related to the safety and the health at the workplaces. The activity finishes with the release, to the Organization, of a specific relation that represents an useful instrument in support of the activity of business supervision organism.
The verification and the attestation are the instrument through the Organizations could validate their own organizational model. The aim is verify the adequacy compared to the codes approved by the Minister of Justice and by the application level.
The verification from a certification body guarantees:
- Integrity and professional ethics;
- Impartiality in the judgment;
- Privacy of information;
- Transparency to the stakeholders;
- Specific skills;
The certification testifies the Organization’s will to prevent violations and becomes a strong message for every interested person (stakeholders, business partners, employees, customers, Public Administration, Judicial authority, etc…)
Instead the limits of verification activity and organizational model’s attestation are:
- The verification from Third Party doesn’t replace the control that belongs to the Monitoring Body but it could be support activity to the Monitoring Body for the execution of audits.
- The attestation hasn’t validity referred to a period of time, it refers to the date of the verification but the Organization can require a later attestation in occasion of organizational changes, structural, legislative updates, etc
- The achievement of the attestation isn’t free :the suitability of organizational model is object of independent analysis from the judge in relation to events specifically contested, in case the institution be called to respond in judicial locations for a violence committed in its interest or its benefit from one of the qualified people.