JUSTICE DECREE: EXPANDED THE NUMBER OF CRIMES PRESENTED AS PER LEGISLATIVE DECREE. 231/2001

With Law no. 137 of 2023, the Legislative Decree was converted. 10 August 2023, n. 105 (so-called “Justice Decree”) containing urgent provisions regarding criminal proceedings. Among the various regulatory additions, there is also the further expansion of the catalog of crimes entailing the liability of entities pursuant to the Legislative Decree. 231/2001. In particular, the crimes of disrupting the freedom of auctions (art. 353 of the criminal code), disrupting the freedom of the procedure for choosing the contractor (art. 353-bis of the criminal code) and fraudulent transfer of values ​​(art. 512-bis of the criminal code) have been included. which, if carried out in the interest or to the advantage of the entity, may lead to its administrative liability for a crime. Specifically: → the crimes of disrupting the freedom of auctions and disrupting the freedom of the procedure for choosing the contractor expand the list of crimes provided for by the art. 24 Legislative Decree. 231/2001, providing for a sanction of up to 500 quotas or, if the entity has achieved a significant profit or if particularly serious damage has resulted, from 200 to 600 quotas. → to the art. 25-octies.I, reporting the crimes of undue use and falsification of payment instruments other than cash, the crime of fraudulent transfer of values ​​is also added, providing for a pecuniary sanction of between 250 and 600 quotas, in addition to the application of disqualification sanctions of referred to in the art. 9, paragraph 2 Legislative Decree. 231/2001. Companies will therefore be required to update their organizational models while also addressing the risk of committing the aforementioned offences, taking into account the peculiar traits of these cases in their jurisprudential application.