Administrative Responsibility of Legal Persons (Corporation) - Italian Legislative Decree 8 June 2001, n. 231
The legislative decree of 8 June 2001, n. 231 is an Italian law governing the administrative liability of legal persons and organizations.
This law introduces for the first time in Italy a form of liability for organizations (companies, companies, associations), for a list of crimes that can be committed by staff in favor or in the interest of the company itself (eg: corruption, environmental disaster, money laundering, false accounting and many others).
This responsibility is added to that of the natural person who materially committed the crime.
The law provides for sanctions for companies, as a legal person, that have not implemented the series of measures that prevent their employees from committing crimes in the interest of the company.
The sanctions are pecuniary in nature up to the closure of the activity in case of recidivism, and with the prohibition of contracting with the public administration as a precautionary measure.
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The defensive investigations Italian law 397/2000
Law 397/00 has included Title VI-Bis "Defensive investigations" in the code of criminal procedure, in addition to a general rule, art. 327bis which reads:
- From the moment of the professional assignment, resulting from a written deed, the defender has the right to carry out investigations to search and identify evidence in favor of his client, in the forms and for the purposes established in title VI-bis of this book
- The faculty indicated in paragraph 1 may be attributed for the exercise of the right of defense, in every state and grade of the procedure, in the criminal execution and to promote the audit judgment
- The activities provided for in paragraph 1 may be carried out, on behalf of the defender, by the substitute, by authorized private investigators and, when specific skills are required, by technical consultants
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Cybercrime Italian law n.48 / 2008
Law No. 48/2008 relating to the ratification and execution of the Council of Europe Convention on Cybercrime made in Budapest on November 23, 2001, came into force on April 5, 2008.
This law governs computer crimes that fully enter the Criminal Code as crimes that occur where the illegal activity has an IT or telematic system as the object or means of the crime.
This rule provides for the introduction of new rules and the tightening of some existing cases and the amendment of Legislative Decree 231/2001 through the extension of the liability of legal persons, companies and associations, including those without legal personality.
The classifications of computer crimes are shown below:
- Computer fraud
- Unauthorized access to a computer system
- Unauthorized possession and dissemination of system access codes
- Diffusion of hardware and software aimed at damaging systems
- Illicit interception, impediment or interruption of computer or telematic communications