Senza categoriaDepartment Ethics and Compliance D.LGS. 231/01

Departement Ethics & Compliance D.LGS. 231/01

Martinez & Novebaci is strongly experienced in the areas of Corporate Compliance and Organization
Systems, according to the regulations set out in the Italian Legislative Decree no. 231 of 2001.
Pursuant to this Legislative Decree, in case of perpetration of the offences specifically indicated in this legal
text by the directors or employees of a Company, severe sanctions are imposed, except in the case of the
Entity’s adoption and effective implementation – before the offence – of an Organization System suited to
preventing the offences, which also involves the appointment of an independent board, the so-called
Supervisory Committee.
Martinez & Novebaci provides assistance during the risk assessment phase by drafting the so-called “risk-
map” and designing, jointly with the Client, an Organization System that integrates the existing procedures
(as adequately modified or adjusted) and detects new decisional protocols for preventing the risks resulting
from the analysis.
Our Law Firm provides also consulting on the appointment of the Supervisory Committee and the training of
both the Committee members, and the staff entrusted with the evaluation of corporate compliance. Some of
our attorneys are already members of Supervisory Committees or provide consulting to Supervisory
Committees, carrying out audits and procedure evaluations.
Corporate ethics
The essential principle of a Company is compliance with the laws and the regulations in force in all the
countries in which it does business. Every employee and staff member shall be committed to complying with
such laws and regulations in all the countries involved by the company’s operations. This commitment needs
to also characterize the work of the company’s consultants, suppliers, clients, and be shared by anyone else
who has a relationship with the company or entity. A company cannot start or continue a relationship with an
individual not committed to such a principle. The employees need to know the laws and the lawful and illicit
behaviors; therefore, a company (or entity) needs to inform them in case a matter is controversial or
uncertain. Finally, a company needs to guarantee an adequate continuous training and awareness program on
the problems related to the ethical code.
Martinez & Novebaci provides consulting on all the problems specifically related to the ethical code, and the
training and the awareness programs designed for a company’s employees.

Risk & compliance: Organization, management, and control System (Legislative Decree no. 231) for
private healthcare providers
The pandemic had a noticeable impact on the public and private healthcare providers (see in particular the
problems related to the nursing homes), putting both their structures and their employees under severe
pressure. The new frontier of the healthcare sector and medical devices is providing an integrated risk
management system, able to address present and future challenges. Enhancing the role of the Organization,
management, and control System pursuant to the Legislative Decree no. 231 within the medical sector means
being able to act in an extremely specialized area. The implementation of an effective System is essential for
endless reasons. Increasing the number of the controls on sensitive processes can significantly reduce the
entity’s exposure to the liabilities set out in the Legislative Decree no. 231, but also guarantee the
effectiveness of healthcare activities. For corporate compliance’s purposes, Martinez & Novebaci combines
deep knowledge of criminal law with experience in the healthcare sector, providing crucial consulting on the
prevention of present and future risks and problems related to healthcare structures, carrying out supervisory

activities (such as the ones performed by Supervisory Committees), and offering legal assistance in criminal
proceedings. Along the years, Martinez & Novebaci has provided consulting and assistance to major
healthcare structures, developing specialized and deep knowledge of this professional area and the most
adequate legal protections, which combine and coordinate criminal, labor, and civil law.

Avv. Alessandro Continiello