Corruption is not only a risk for large corporations. Under Italian law, a company of any size can be held liable for bribery committed in its interest. A proportionate compliance programme protects both the business and the people who run it.
What the law covers
The Criminal Code punishes bribery of public officials (Articles 318 and 319), undue inducement (Article 319-quater) and trading in influence (Article 346-bis). Corruption between private companies is also an offence (Article 2635 of the Civil Code). Under Legislative Decree 231/2001, these offences can also lead to fines and bans against the company itself.
Model 231
A company can avoid or reduce its liability if, before the offence, it adopted and effectively implemented an organisation, management and control model suited to preventing it, and set up a supervisory body (Organismo di Vigilanza) to oversee it. In small companies, the management body itself can perform the supervisory role.
Whistleblowing
Legislative Decree 24/2023 requires private companies with at least 50 employees, and those that have adopted a Model 231 regardless of size, to set up internal channels for reporting wrongdoing, with confidentiality and protection against retaliation for those who report.
Practical controls that work
- A short, clear code of conduct and a policy on gifts and hospitality;
- two-person authorisation for payments and checks on unusual transactions;
- due diligence on agents, consultants and intermediaries;
- written records of meetings with public officials on tenders and permits;
- regular, practical training for staff in exposed roles.
The goal is a programme proportionate to your size and risks, not a binder that sits on a shelf.
This article provides general information and is not legal advice. Every situation is different: for advice on your case, please contact us.