Corporate compliance choices in the Italian Legal System

In the Italian legal system when dealing with corporate economic crimes, reference should be made to Legislative Decree 231/2001. This Decree, introduced for the first time an administrative liability of legal persons and entities without legal personality for the crimes committed by employees and executives, effectively requiring corporations to self-regulate through the adoption of a compliance program able to prevent the commission of misconduct capable of affecting the company’s benefit. Accordingly, the adoption of an effective compliance programme constitutes a fundamental tool for the corporation in preventing and combating the commission of crimes, in cooperating with public authorities, and in self-defending in case of the starting of a criminal proceeding against the company. In this framework, the first part of this chapter offers an introduction to the system of corporate liability in the Italian legal order. The second section deals with the corporate compliance choices in the adoption and effective implementation of compliance programmes in the light of Legislative Decree 231/01 as interpreted by Italian case law. The third part and the conclusion deal with the virtuous practice of internal investigations, especially in the case of reported allegations of misconduct, taking into consideration the benefits in terms of liability exemption and sanction reductions.