ORGANIZATION, MANAGEMENT and CONTROL MODEL
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1 ORGANIZATION, MANAGEMENT and CONTROL MODEL Pursuant to Legislative Decree June 8, 2001 no. 231 All rights reserved N 03 Foglio 1/7
2 MISAPPROPRIATION TO THE DETRIMENT OF THE STATE (ART. 24) Undue receipt of disbursements to the detriment of the State (316-bis of the criminal Misappropriation of funds in detriment of the State (316-ter of the criminal Fraud to the detriment of the State, other public company or the European Union (640 of the criminal Aggravated fraud for obtaining public disbursements (640-bis of the criminal IT crime to the detriment of the State or other public Company (640-ter of the criminal COMPUTER CRIMES AND ILLEGAL DATA TREATMENT(ART. 24-BIS) Falsehood in IT documents (491-bis of the criminal Improper access to an IT or telematic system (615-ter of the criminal Detention and illegal distribution of access codes to IT or telematic systems (615-quater of the criminal Distribution of equipment, devices or computer programs intended to damage or interrupt an IT or telematic system (615-quinquies of the criminal Illegal interception, prevention or interruption of IT or telematic communications (617-quater of the criminal Installation of equipment suitable for intercepting, preventing or interrupting IT or telematic communications (617-quinquies of the criminal Damage of IT information, data and programs (635-bis of the criminal Damage of IT information, data and programs used by the State or by another public body or anyway of public utility (635-ter of the criminal Damage of IT or telematic systems (635-quater of the criminal Damage of IT or telematic systems of public utility (635-quinquies of the criminal IT fraud by the person providing certification services for electronic signature (640-quinquies of the criminal All rights reserved N 03 Foglio 2/7
3 OFFENCES OF ORGANISED CRIME (ART. 24-TER) Criminal association (416 of the criminal Criminal association aimed at enslavement or maintenance in slavery, people trafficking, purchasing and selling of slave and offences concerning the violations of the provisions in illegal immigration provided for in art. 12 Legislative Decree 286/1998 (416 of the criminal code sixth paragraph) Mafia-type association (416-bis of the criminal Political-mafia electoral exchange (416-ter of the criminal Kidnapping of a person for the purpose of extortion (630 of the criminal Association with the aim of illegally trafficking narcotic or psychotropic drugs (art. 74 Presidential Decree 9 October 1990, n. 309) Illegal fabrication, introduction into the State, making available for sale, transfer, detention and bearing in public or place open to the public of weapons of war or war-type weapons or parts thereof, explosives, or clandestine weapons as well as of several common fire arms (art. 407, para 2, a), 5), of the criminal BRIBERY AND CORRUPTION (ART. 25) Bribery (317 of the criminal Bribery of a public official (318 of the criminal Bribery for a deed that goes against official duties (319 of the criminal Aggravating circumstances (319-bis of the criminal Judicial corruption (319-ter of the criminal Misappropriation induction to give or promise benefits (319-quater of the criminal Bribery of a public service (320 of the criminal Penalties for the briber (321 of the criminal Instigation to corruption (322 of the criminal Misappropriation of public funds, bribery and corruption and instigation to the corruption of members of the Bodies of the European Community and functionaries of the European Community and Foreign countries (322-bis of the criminal All rights reserved N 03 Foglio 3/7
4 CRIMES OF COUNTERFEITING MONEY: FORGERIES OF CURRENCY, LEGAL TENDER, REVENUE STAMPS AND IN INSTRUMENTS OR SIGNS OF RECOGNITION (ART. 25-BIS) Falsification of currency, passing and introduction into the State, with accomplices, of forged currency (art. 453 of the criminal Alteration of currency (art. 454 of the criminal Passing and introduction of counterfeit currency into the state, without complicity (art. 455 of the criminal Spending of falsified currency received in good faith (art. 457 of the criminal Forging of revenue stamps, introduction into the State, acquisition, holding or placing forged revenue stamps in circulation (art. 459 of the criminal Counterfeiting of watermarked paper in the use for the fabrication of legal tender or revenue stamps (art. 460 of the criminal Fabrication or holding of watermarks or instruments for the forging of currency, revenue stamps or watermarked paper (art. 461 of the criminal Use of counterfeit or altered revenue stamps (art. 464 of the criminal Counterfeiting, alteration or use of trademarks or distinctive markings or patents, models and drawings (473 of the criminal Introduction into the State and marketing of products with false markings (474 of the criminal CRIMES AGAINST INDUSTRY AND COMMERCE (ART. 25-BIS 1) Disturbed liberty of an industrial or commercial concern (513 of the criminal Illegal competition with threats or violence (513-bis of the criminal Frauds against national industries (514 of the criminal Fraud in the exercise of commerce (515 of the criminal Sale of non-genuine food stuffs as genuine (516 of the criminal Sale of industrial products with untruthful markings (517 of the criminal Fabrication and commerce of goods made by usurping the ownership of industrial property (517-ter of the criminal Counterfeiting of geographical indications or designation of origin of agricultural and food products (517- quater of the criminal All rights reserved N 03 Foglio 4/7
5 CORPORATE CRIMES (ART. 25-TER) False corporate communications (2621 of the civil False communications to the detriment of the shareholders or the creditors (2622 of the civil Obstructions to control (2625 of the civil Undue return of contributions (2626 of the civil Illegal distribution of the profits or of the reserves (2627 of the civil Illegal transactions in the shares or holdings in the company or the subsidiaries (2628 of the civil Transactions to the detriment of the creditors (2629 of the civil Dummy formation of the share capital (2632 of the civil Undue distribution of the company assets by the receivers (2633 of the civil Illegal influence over the Shareholders Meeting (2636 of the civil Stock manipulation (2637 of the civil Failure to communicate conflict of interests (2629-bis of the civil Obstacle to the exercise of the functions of public supervision authorities (2638 of the civil Private corruption (2635 of the civil OFFENCES WITH THE INTENTION OF TERRORISM OR SUBVERSION OF DEMOCRATIC ORDER PROVIDED FOR IN THE CRIMINAL CODE AND SPECIAL LAWS (ART. 25-QUATER) Association for the purposes of terrorism and the subversion of the democratic order (270-bis of the criminal Assistance to the associates (270-ter of the criminal Recruitment for purposes of terrorism including international terrorism (270-quater of the criminal Training and activities for purposes of terrorism including international terrorism (270-quinquies of the criminal Conducts with purposes of terrorism (270-sexies of the criminal Attack to terrorism and subversion (280 of the criminal Act of terrorism with lethal or explosive devices (280-bis of the criminal Kidnapping for the purpose of terrorism or subversion (289-bis of the criminal Instigation to commit any of the crimes referred to in chapters first and second (302 of the criminal Urgent measures for the protection of the democratic order and public safety (Law 6 February 1980 n art. 1) All rights reserved N 03 Foglio 5/7
6 PRACTICES OF MUTILATING FEMALE GENITAL ORGANS (ART. 25-QUATER-1) Practices of the mutilation of female genital organs (583-bis of the criminal OFFENCES AGAINST THE INDIVIDUAL PERSONALITY (ART. 25-QUINQUIES) Reduction or maintenance in slavery or servitude (600 of the criminal Juvenile prostitution (600-bis of the criminal Underage pornography (600-ter of the criminal Detention of pornographic material (600-quater of the criminal Virtual pornography (600-quarter 1 of the criminal Tourism aimed at the exploitation of the juvenile prostitution (600-quinquies of the criminal People trade (601 of the criminal Purchase and sale of slaves (602 of the criminal Aggravating circumstances (602-ter of the criminal CRIMES OF MARKET ABUSE (ART. 25-SEXIES) Abuse of privileged information (Legislative Decree 58/98, art. 184) Manipulation of the Market (Legislative Decree 58/98, art. 185) Additional penalties (Legislative Decree 58/98, art. 186) Confiscation (Legislative Decrre 58/98, art. 187) MANSLAUGHTER AND INJURIES CAUSED BY SERIOUS NEGLIGENCE OR GROSS NEGLIGENCE, COMMITTED WITH A VIOLATION OF THE HEALTH AND SAFETY REGULATIONS AND REGULATIONS GUARANTEEING HYGIENE AND HEALTH IN THE WORKPLACE (ART. 25-SEPTIES) Manslaughter (589 of the criminal Personal injuries through negligence (590 of the criminal RECEIVING, RECYCLING AND EMPLOYMENT OF MONEY, GOODS OR UTILITIES OF ILLEGAL PROVENANCE (ART. 25-OCTIES) Receiving (648 of the criminal Recycling (648-bis of the criminal Employment of money, goods or utilities of illegal origin (648-ter of the criminal All rights reserved N 03 Foglio 6/7
7 TRANSNATIONAL CRIMES Criminal association (416 of the criminal Mafia-type association (416-bis of the criminal Criminal association for foreign processed tobacco product smuggling (Art. 291-quater Consolidated Customs Act Presidential Decree 23 January 1973, n. 43) Association aimed at the illegal traffic of narcotics (Art. 74 Consolidated Law regarding Narcotics Presidential Decree 309 dated 9 October 1990) Provisions to curb illegal immigration (Legislative Decree 286/1998, Art. 12) Inducement not to make declarations or to make untruthful declarations to the judicial authorities (377-bis of the criminal Personal aiding and abetting (378 of the criminal OFFENCES REGARDING THE VIOLATION OF COPYRIGHT (ART. 25-NOVIES) Offences regarding the violation of copyright (art. 171, co. 1, lett. A-bis), co.3, 171-bis, 171-ter, 171-septies, 171-octies, Law 22 aprile 1941, n. 633). INDUCEMENT TO NOT MAKE DECLARATIONS OR MAKING UNTRUTHFUL DECLARATIONS TO THE JUDICIAL AUTHORITIES (ART. 25-DECIES) Inducement not to make declarations or to make untrue declarations to the judicial authorities (377-bis of the criminal. ENVIRONMENTAL CRIMES (ART. 25-UNDECIES) Environmental crimes (Artt. 727-bis, 733-bis of the criminal code; art. 137 Legislative Decree 152/06; art. 256 co. 1, 3, 5, 6 Legislative Decree 152/06; art. 257 co. 1, 2 Legislative Decree 152/06; art. 258 co. 4, art. 259 co. 1, art. 260 co. 1, 2, art. 279 co. 5 Legislative Decree 152/06; Art. 1 co. 1, 2, art. 2 co. 1, 2, art. 6 co. 4, art. 3-bis co. 1 Law 150/92; art. 3 co. 7 Law 549/93; art. 8 co. 1, 2, art. 9 co. 1, 2 Legislative Decree 202/07). EMPLOYMENT OF FOREIGNERS WITHOUT A RESIDENCE PERMIT (ART. 25-DUODECIES) Employment of foreigners without a residence permit (Legislative Decree 25 july 1998, n. 286). All rights reserved N 03 Foglio 7/7
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