On May 10th, 2019, Legislative Decree 130- 2017 was published containing the new Criminal Code in replacement of the current criminal regulations.
While the adoption of the new Code is foreseen to be in force by November 10th, 2019, it is a reordering of crimes, penalties and subjects of criminal law that henceforth will include legal entities, that may incur in a number of criminal offences for actions or omissions in the following areas: social security; environmental; employer obligations; public health; urbanization and construction; competition; use or abuse of information; Industrial property, copyrights; and security network. This new Penal Code also contemplates private corruption; corporate crimes; crimes against public finances (tax related); and actions against integrity and honor.
Some of the penalties that will be applicable to legal entities include judicial intervention; suspension of specific activities; prohibition of certain activities and dissolution of the legal entity, among others.
The new criminal code is complex, controverted and it has raised important discussions amongst different guilds, which is why we invite you to learn more about its implications for your sector.