FIGHT AGAINST FINANCIAL FRAUD IN THE EU: ADMINISTRATIVE LIABILITY EXPANDED

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The Council of Ministers has approved, in final examination, a legislative decree implementing Directive (EU) 2017/1371, relating to the fight against fraud which harms the Union’s financial interests through criminal law.

The decree therefore modifies the regulation of tax offenses on the administrative liability of companies for crimes committed by natural persons in their interest or advantage pursuant to Legislative Decree 231/2001.

Among the news:

  • the hypothesis of attempted (and not only consumed) crime for tax offenses that present the element of transnationality is expected to be punished, if the evaded VAT tax is not less than 10 million euros;
  • the catalog of tax offenses for which the company is also held responsible is expanded, now including the crimes of unfaithful declaration, of omitted declaration and of undue compensation;
  • the liability of companies also extends to crimes of fraud in public supplies, to the crime of fraud in agriculture (art. 2 of law no. 898 of 1986) and to the crime of smuggling, modulating the sanction according to whether the crime exceeds or minus the 100,000 euro threshold. Finally, the panorama of crimes against the public administration which companies can answer has expanded, including the crime of embezzlement and that of abuse of office.

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