Roma, 12 luglio 2021 – (Confindustria, giugno 2021)
Confindustria ha aggiornato le Linee Guida per la costruzione dei modelli di organizzazione, gestione e controllo ai sensi del d.lgs. n. 231/2001. Le Linee Guida hanno l’obbiettivo di offrire alle imprese, che abbiano scelto di adottare un modello di organizzazione e gestione, una serie di indicazioni e misure ritenute in astratto idonee a rispondere alle esigenze delineate dal d.lgs. n. 231/2001.
Nell’introduzione del documento viene tuttavia precisato che le Linee Guida mirano a orientare le imprese nella realizzazione di tali modelli, non essendo proponibile la costruzione di casistiche decontestualizzate da applicare direttamente alle singole realtà operative. Pertanto, fermo restando il ruolo chiave delle Linee Guida sul piano della idoneità astratta del modello che sia conforme ad esse, il giudizio circa l’efficace attuazione del modello stesso è rimesso alla libera valutazione del giudice. È dunque di fondamentale importanza, affinché al modello sia riconosciuta efficacia esimente, che l’impresa compia una seria e concreta opera di implementazione delle misure adottate nel proprio contesto organizzativo.
Confindustria rende noto che la nuova versione adegua il precedente testo del 2008 alle novità legislative, giurisprudenziali e della prassi applicativa nel frattempo intervenute, mantenendo la distinzione tra le due Parti, generale e speciale.
In particolare, le principali modifiche e integrazioni della Parte generale riguardano:
- il nuovo capitolo sui lineamenti della responsabilità da reato e la tabella di sintesi dei reati presupposto;
- il sistema disciplinare e i meccanismi sanzionatori;
- l’organismo di vigilanza, con particolare riferimento alla sua composizione;
- il fenomeno dei gruppi di imprese.
Mentre la Parte speciale, dedicata all’approfondimento dei reati presupposto attraverso appositi case study, è stata oggetto di una consistente rivisitazione, volta non soltanto a trattare le nuove fattispecie di reato presupposto, ma anche a introdurre un metodo di analisi schematico e di più facile fruibilità per gli operatori interessati.
Per approfondire: Linee_guida_Confindustria_giugno_2021
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