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    Sanctions

    The sanctioning system under Legislative Decree 231/2001 does not only affect the entity's assets, but can structurally compromise business operations and the stability of the reference market.

    Sanctions under Legislative Decree 231/2001: Real Risk for the Business

    The sanctioning system under Legislative Decree 231/2001 does not only affect the entity's assets, but can structurally compromise business operations and the stability of the reference market.

    ▪ Pecuniary sanctions

    Pecuniary sanctions are determined by quotas, according to a mechanism that allows the judge to modulate the amount based on the gravity of the offence, the degree of the entity's responsibility, the activity carried out to eliminate or mitigate the consequences of the offence, and the economic-financial conditions of the company.

    ▪ Interdictory sanctions

    Interdictory sanctions represent the real critical point of the 231 system.

    They may consist of:

    • prohibition from carrying out the activity
    • prohibition from contracting with the Public Administration
    • suspension or revocation of authorisations, licences or concessions
    • exclusion from public financing or contributions
    • prohibition from advertising goods or services

    ▪ Confiscation of profit

    Confiscation of profit from the offence is always ordered, also by equivalent, with direct impact on the entity's assets.

    ▪ Interdictory precautionary measures

    Particularly relevant are the interdictory measures applicable already at the preliminary investigation stage. In the presence of serious evidence and risk of repetition, the judge may apply measures that immediately affect business activity, even before the final judgment.

    In the Milanese economic context, characterised by high exposure to the Public Administration and highly competitive markets, such measures can compromise corporate reputation, relationships with partners and credit institutions, the stability of ongoing contracts and business continuity.

    It is at this stage that the technical defence assumes a decisive role.

    Competenze correlate

    Bancarotta e Reati della Crisi d'ImpresaReati TributariReati PrevidenzialiReati Societari, Finanziari e di MercatoRiciclaggio e Reati Economico PatrimonialiContraffazione e Tutela Penale della Proprietà Industriale

    Approfondimenti correlati

    Compliance 231Confisca del profitto e responsabilità 231: la Cassazione delimita l'applicazione del principio Massini nei rapporti tra ente e autore del reatoCommenti e novità giuridichePNRR e responsabilità penale nella fase di chiusura del piano: controlli, fattispecie e tutela preventiva dell'impresaEstradizioni e Mandati di ArrestoMandato di arresto europeo (MAE): radicamento in Italia e rifiuto della consegna

    Frequently asked questions about Administrative Liability of Entities – Legislative Decree 231/2001

    What is corporate administrative liability under Legislative Decree 231/2001?
    Legislative Decree 231/2001 introduces an autonomous imputation framework alongside individual criminal liability: a company may be held liable for offences committed in its interest or for its benefit by senior management or subordinates. Sanctions include financial penalties, interdictory measures and confiscation, with direct effects on business continuity.
    How is the adequacy of an Organisational Model 231 assessed?
    The Organisational, Management and Control Model (MOG) is the exculpatory tool provided by Legislative Decree 231/2001. Its adequacy requires an effective mapping of crime risks, adequate control protocols, an autonomous Supervisory Board, and ongoing training. Adequacy is not measured on paper but on the model's substantial ability to prevent predicate offences.
    What interdictory precautionary measures can affect an entity?
    In 231 proceedings, a company may be subject to interdictory precautionary measures such as suspension of activities, prohibition from contracting with public authorities, exclusion from public subsidies and financing, and prohibition from advertising goods and services. The defence verifies the existence of serious indicia of liability and the concrete risk of reoffending.
    How is the Supervisory Board structured and what are its requirements?
    The Supervisory Board (OdV) must have autonomy, independence, professional competence and continuity of action. It may be single-member or collegial; in SMEs, it may coincide with the board of statutory auditors. The OdV supervises the effectiveness of the Model, receives reports, proposes updates and reports to corporate bodies. Its composition and functioning directly affect the exculpatory defence under Legislative Decree 231/2001.
    Does the Model 231 also protect small and medium enterprises?
    Legislative Decree 231/2001 applies to all entities — including SMEs — that have legal personality or are otherwise endowed with autonomous assets. For SMEs, a simplified OdV structure (even single-member) is permitted, and a Model proportionate to the size and operational complexity of the entity is acceptable. A poorly calibrated or merely formal Model may not produce the exculpatory effect, exposing the company to sanctions.

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