Studio legale Alessandra Testa
AT
When justice meets humanity.
We defend people, we protect businesses.
THE FIRM
The firm offers legal consultancy services to citizens and businesses in the criminal sector.
We have expertise in all areas of criminal law, with a particular emphasis on juvenile criminal law as well as on economic and corporate criminal law in the field of corporate compliance, with the drafting, implementation and updating of organizational, management and control Models pursuant to Legislative Decree 231/01.
Areas of Activity
Companies
Organization, Management and Control Models (Legislative Decree 231/01)
Sustainability
Supervisory bodies (OdV)
The Team
ORGANIZATION, MANAGEMENT AND CONTROL MODELS
(LEGISLATIVE DECREE 231/01)
According to Legislative Decree no. 231/2001, Companies may be held liable for certain crimes committed in their interest or to their advantage by administrators, managers or employees under their direction or supervision. It should be noted that, in recent years, the catalogue of facts that may give rise to administrative liability has been significantly expanded.
In addition to extortion and corruption, undue collection of funds and fraud against the State or a public entity – as well as corporate crimes –, the decree now includes several other criminal offences: computer crimes and unlawful data processing, organised crime crimes, undue inducement to give or promise benefits, certain forgery crimes, crimes against industry and commerce, corruption between private individuals, market abuse, manslaughter and bodily harm in violation of the rules on health and safety at work, violations of copyright, employment of irregular workers, environmental crimes, etc.
For this reason, the risk of incurring administrative liability has increased for any company. However, the entity can be exempt from sanctioning consequences if it demonstrates that the people in Senior positions and their employes have acted to the detriment of the company, operating in their own exclusive interest or that of third parties.
In particular, the entity is not liable if: it proves to have implemented, before the crime, effective organizational and management models suitable for preventing crimes of the type that occurred; the task of supervising the functioning and compliance with the models, as well as ensuring their updating, has been entrusted to a body of the entity with autonomous powers of initiative and control; the persons committed the crime by fraudulently evading the organizational and management models; there has been no omission or insufficient supervision by the body responsible for this.
As is known, Organizational models must respond to various needs: identify the activities within which crimes may be committed; provide specific protocols aimed at planning the formation and implementation of the decisions of the entity in relation to the crimes to be prevented; identify methods of managing financial resources suitable for preventing the commission of crimes; provide information obligations towards the body responsible for supervising the functioning and compliance with the models; introduce a disciplinary system suitable for sanctioning failure to comply with the measures indicated in the model.
The Firm is able to assist companies in the risk analysis phase and in the preparation of effective organizational models.
Supervisory Body (OdV)
The lawyer Alessandra Testa carries out the functions of Supervisory Body (OdV) in various companies.
The Supervisory Body (OdV) is a characteristic and central component of the Organizational Model 231.
The Supervisory periodically carries out documentary audits, inspections and interviews in order to verify the correct implementation of the Organizational Model adopted by the company. This activity is fundamental to guarantee the suitability and effective implementation of the Model, so that it can act as an pre - requisite endorsing for any charges and related sanctions against the Entity.
COMPANY ORGANIZATIONAL MODELS 231 AND SUSTAINABILITY
In the continuous evolution of the business risk landscape, the global risks that a company must face are no longer only purely financial ones, but also those relating to environmental and social impacts.
Today, as part of the risk management and identification process (risk management), the company must also take into account ESG (Environment, Social, Governance) risks. A tool for managing environmental, social and governance risks is the adoption of a 231 Model integrated with sustainability.
Why adopt it?
To choose a business and management model for corporate activity that is ethical, transparent and responsible towards all stakeholders, and capable of managing, in an integrated way, criminal risks and ESG risks.
What are the advantages?
1. Increased investor interest
Companies that adopt an Organizational Model 231 integrated with sustainability are more attractive to responsible investors, who are increasingly aware of delicate ESG issues.
2. Regulatory Compliance
At a European and international level, ESG regulations are becoming increasingly stringent. Complying with relevant laws and regulations allows you to avoid possible legal sanctions and fines.
3. Strengthening the corporate brand and reputation
Corporate reputation is a crucial aspect for any company and, through ESG risk management, incidents and behaviors that could damage it can be prevented. Investing in sustainability can improve the perception of the company by customers, investors, employees and the communities in which it operates.
4. Ability to cope with risky situations
A Model 231 integrated with sustainability helps identify and mitigate environmental, social and governance risks, which can have significant financial impacts on the company. For example, extreme weather events, pandemics or supply chain issues can cause severe financial losses.
5. Ability to anticipate and react to critical issues
Implementing the management of company activity with concrete measures and actions to reduce the probability of environmental and social impacts allows the company to prevent and mitigate possible damage.
6. Ease of attracting talent
The new generations are increasingly attentive to global challenges. Investing in sustainability and an ESG culture allows the company to attract new talent.
7. Creating long-term value
Consideration of ESG factors helps identify growth opportunities, and is essential for the long-term sustainability and stability of a company.
JUVENILE CRIMINAL PROCESS
In our legal system, even a minor can be investigated or accused in a criminal proceeding if he or she was fourteen years old at the time the crime was committed.
Everyday experience teaches us how different the problems that arise in a delicate age such as pre-adolescence and adolescence can be, especially when one is involved in a criminal proceeding.
Given the particular vulnerability of the boy or girl, the juvenile criminal lawyer must:
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possess a knowledge of juvenile criminal proceedings, which is characterised by specific institutions aimed at the re-education of the minor, and which are different from those foreseen in the proceedings against adults;
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be the boy or girl during all stages of the trial, to make them and their families understand the accusation made and their role;
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be equipped to assist and represent the minor, together with their parents, in the complex phase of growth.
The Firm provides legal assistance to minors and their families in criminal proceedings before the Juvenile Court, ensuring:
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personalized consultations for the patient and his/her family, and an in-depth study of the case;
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technical defense of the minor under investigation or accused, starting from the preliminary investigations and in all subsequent phases of the trial;
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assistance during the interrogation, as well as careful listening and support of the minor;
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support during the probation period, to the minor and an ongoing dialogue with the Juvenile Social Services, with the aim of assisting the boy or girl in completing the re-education process.
In addition, the Firm makes use of a network of professionals and specific structures in the psychosocial field to support and accompany the minor and his family in the various phases of the criminal prosecution.
The Studio is located in:
Via Turati n. 6
20121 Milan
How to get there:
M3 (yellow line) Turati
Tram: 1 Piazza Cavour
Bus: 94, 85 Piazza Cavour
Contacts:
Tel: 02 29062975