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Sab, 18 Nov 2017
Legislative Decree 231 of 8 June 2001

Legislative Decree 231 / 2001

Legislative Decree no. 231 of 8 June 2001. The administrative liability of legal representation, companies and associations without legal representatives, in accordance with Article 11 of Law no. 300 of 29 September 2000.

The President of the Republic:
with regards Articles 76 and 87 of the Constitution;
with regards Article 14 of Law no. 400 of 23 August 1988;
and with regards Articles 11 and 14 of Law no. 300 of 29 September 2000 ensured the Government adopt, within eight months of its enforcement, a Legislative Decree regarding the regulations of administrative liability of legal persons and companies, associations and other entities without legal representation that do not carry out constitutional functions in accordance with the criteria contained in Article 11;
with regards the preliminary resolution of the Council of Ministers adopted in the meeting of 11 April 2001;
and having heard the opinion of the permanent committees of the Senate of the Republic Chamber of Deputies, in accordance with Article 14 paragraph 1 of the aforementioned law no. 300 of 29 September 2000;
with regards the resolution of the Council of Ministers adopted at the meeting on 2 May 2001; on the proposal of the Minister of Justice, in consultation with the Minister for Industry, Trade and Crafts and Foreign Trade, Minister for Community Policies and the Minister of the Treasury, and the Budget and Economic Planning; issued the following Legislative Decree:

CHAPTER I
ADMINISTRATIVE LIABILITY OF ORGANIZATIONS

SECTION I
GENERAL PRINCIPLES AND CRITERIA FOR THE ALLOCATION OF ADMINISTRATIVE LIABILITY

Article 1

(Subjects)

1. The present Legislative Decree regulates the liabilities of entities for administrative offences arising from crimes.

2. The provisions it contains are applied both to entities with legal representation and companies or associations without legal representation.

3. It does not apply to the State, local authorities, other public bodies as well as non-economic institutions that perform functions of constitutional importance.

Article 2

(Rule of Law)

1. The body cannot be held liable for an act that constitutes an offence if its administrative liability in relation to that offence and sanctions are not expressly provided for by the law which came into force before the offence was committed.

Article 3

(Law of succession)

1. The body cannot be held liable for an act which, according to a subsequent law, no longer constitutes a crime, or in relation to which no longer provides for administrative liability, and, where there has been a sentence, will not be executed with no legal consequences.

2. Should the law at the time when the offence was committed and later laws differ, the more favourable provisions would apply, unless an irrevocable ruling was applied.

3. The provisions of paragraphs 1 and 2 shall not apply in the case of exceptional or temporary laws.

 

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