Italy

IV. Italian ongoing activities and future commitments

Administrative liability of companies

“The Ministry of Justice has recently set up a working group with the CNPDS (National Centre for Prevention and Social Defence Foundation), Confindustria and Assonime. The aim is to measure the effectiveness and consistency of regulations on administrative liability for crimes of collective entities within the country. and to assess the appropriateness of any reforming measures. In particular, the working group intends to propose solutions to remedy the following critical aspects of the current legislation:

– insufficient focus on the size and organizational complexity of companies covered by Legislative Decree No. 231/2001, with particular reference to small and medium-sized companies, as well as public bodies (…)” (p. 17)

ANNEX 1 – Accountability Grid and Assessment Tools for the Implementation of the NAP

“2. Update the implementation assessment information of Legislative Decree No. 231/2001 in order to evaluate its extension in terms of objectives and application of the administrative liability of legal persons, and to pursue the following objectives in this area:

– the fight against the crisis and the rate of unemployment suffered by economic sectors most affected by measures to counter the epidemic emergency (catering and the gastronomic sector; tourism/hotel sector; small businesses/individuals in the craft and retail sectors of Made in Italy)” (p. 61)

“29. Promote and encourage multi-stakeholder initiatives involving large as well as small and medium-sized companies in order to facilitate the exchange of information and good practices on business and human rights, moving from a general mapping over companies endorsing the UNGPs and operating in accordance with international standards.” (p. 66)