Standards of effectiveness of compliance programmes: integrated analysis of conditions and requirements (article 31 bis of the Criminal Code)

Abstract

The criteria for evaluating a crime prevention programme adopted and implemented by the legal person are not established in the Criminal Code. In a different way, when proceedings are initiated against the entity, we are faced with a scenario of uncertainty in which it must be decided whether the model presented meets the essential requirements for it to be considered effective, in which case it may be decided to dismiss the case. In this context, the aim of this paper is to establish a guide that records the effectiveness indicators of compliance programs, from an integrated viewpoint of the conditions and requirements set out in art. 31 bis of the Criminal Code, in order to decide their possible effect on the proceedings on the basis of their verification.