06/08/2020 - 11:54 AM
TIM has adopted the "231 Organisation Model" pursuant to Legislative Decree 231/2001 to prevent crimes that could determine the liability of the Company, if the offences are committed in the interest or to the benefit of the organisation.
Transparency, Correctness and Fairness are the inspiring values of TIM at the basis of the adoption of the 231 Organisation Model, that ensures efficient performance of sensitive activities through prevention of the criminal offences that may give rise to the administrative liability of the company if committed in its interest or to its benefit by applying, in particular, the principles of Legislative Decree n. 231/2001.
Following the entry into force of the Decree, TIM promptly adopted 231 Organisation Model to prevent criminal and administrative offences that can potentially be committed in the course of its business activities. The 231 Organisation Model is a dynamic system, that has impact on the business operation of the company and requires continuous monitoring and updating to take into account feedbacks in its application, as well as developments in the relevant regulatory framework.
The Supervisory Board has the task to ensure that the 231 Organisation Model is updated by submitting to the Board of Directors amendments and integrations needed to adapt to changes in law and in the organization or to outcomes of the actual implementation of the 231 Organisation Model. In carrying out such activities, the Supervisory Board avails itself of the 231 Steering Committee, a collective body composed of top managers. The 231 Steering Committee is coordinated by the Compliance Department and in performing its tasks is supported by all interested departments.
The current version (v. 7.1) of the 231 Organisation Model of TIM s.p.a. has been adopted on November 10, 2020, by resolution of the Board of Directors of the Company. The new version has been updated following recent reform on corporate liability that included tax crimes in the list of offences covered by Legislative Decree n. 231/2001 (implementation of o-called PIF Directive).
The 231 Organisation Model, based on best practices, is structured according to a ‘cross compliance’ approach that takes into account the specific standard of control developed by the company, specifically: the Anti-corruption Management System, Internal Control System for Financial Reporting, Tax Control Framework, Safety Management System and Environmental Management System.
Below is a brief description of the MO 231.
With reference to the Special Section of the 231 Organisation Model, the standards of control to prevent 231 offences associated with Sensitive Processes/Activities are defined based on the following three general principles:
TIM 231 Organisation Model represents the reference standard for definition of the distinct 231 Organisation Models to be adopted by the companies of TIM Group.
Chairman of the Supervisory Body
Download the CV in PDF version
Born in Caltanissetta on 8 May 1949, Dr. Giuseppe Pignatone entered the judiciary in 1974, and was appointed as a magistrate in Caltanissetta.
Since 1977, he has been a deputy at the Public Prosecutor's Office where, over nearly twenty years, he has dedicated special attention to trials dealing with very serious Mafia crimes, and well as those examining crimes against the public administration and within the economic-financial sector (banking in particular).
He has been a member of the District Anti-Mafia Directorate since it was established in 1991.
He has followed the proceedings arising from the statements provided by numerous collaborators of justice, coordinating the investigations that led to the capture of Salvatore Riina (1993) and Leoluca Bagarella (1995).
From 2000, as Deputy Prosecutor of the Public Prosecutor's Office at the Court of Palermo, he has been in charge of coordinating the investigations that have led to the capture of hundreds of Cosa Nostra organised crime leaders and minions in Palermo, as well as to the capture of Bernardo Provenzano (11 April 2006), which also resulted in the conviction of Salvatore Cuffaro, then President of the Region of Sicily, for aggravated aiding and abetting of Mafia groups.
In 2008, the Superior Council of the Magistrature appointed him Public Prosecutor of the region of Reggio Calabria, where he made an exceptional contribution to the investigations into the 'ndrangheta organised crime group, reconstructing its organisation and structure with an entirely novel approach, which still serves as the starting point of all investigations on such matters. Over four years, more than 2000 members of all the major Calabrian gangs were arrested at the request of the District Anti-Mafia Directorate of Reggio Calabria. In particular, the "Crimine/Infinito" investigation, conducted alongside the Public Prosecutor's Office of Milan, served to provide irrefutable proof of the structured presence of the 'ndrangheta in Lombardy and other regions of Northern Italy. A particular emphasis has been placed on activities focused on seizing and confiscating Mafia assets, and on investigating the infiltration of organised crime gangs into the legal economy.
In March 2012, following a unanimous vote, Dr. Giuseppe Pignatone was appointed by the Superior Council of the Magistrature as Public Prosecutor of Rome, a position he left on 8 May 2019 due to age limitations.
During this seven year period, the Public Prosecutor's Office of Rome focused particularly on fighting corruption and the most serious crimes against the public administration and the economy. The work of the Office demonstrated the active presence of Mafia organisations in the city of Rome, concentrating on the reinvestment of illicit capital and giving greater power to activities dedicated to the seizure and confiscation of assets for a total value of many billions of Euros.
On 3 October 2019, Dr. Giuseppe Pignatone was appointed by the Supreme Pontiff as President of the Tribunal of the Vatican City State.
He co-authored the book "Il Contagio" ("Contamination") with Michele Prestipino and Gaetano Savatteri (2012; he also wrote "Modelli Criminali - Mafie di ieri e di oggi" ("Criminal Models - Mafia groups yesterday and today") with Michele Prestipino (2019).
He has also written numerous articles published in legal journals, particularly on the themes of Mafia groups and economic crime, freedom of information and modern investigative techniques. He has given lectures and conferences at numerous universities as well as at the Scuola Superiore della Magistratura (Superior School of the Magistracy). Since October 2019, he has been working with Italian daily newspaper "La Stampa".
Statutory Auditor and member of the Supervisory Body
Download the CV in PDF version
Download the photo
She was born in Florence on September 5, 1965 and obtained her degree in Law from the University of Florence.
She has been a practicing lawyer since 1992, first in private practice in Italy and abroad, in Italian and international firms, including Clifford Change, and then, until 2017, as in-house counsel, compliance officer and general counsel for some of the biggest financial and insurance groups in the world, including Citigroup, Barclays, Credit Suisse and Generali Italia. For these groups, she was responsible for Legal Affairs, Compliance, Anti-Money-Laundering, Corporate Affairs, Fraud Prevention, Data Privacy and Legislative Decree 231/01 - as well as relations with the regulators (Banca d'Italia, Consob, UIC, Competition Authority).
From 2008 to 2011 she was a Member of the Steering Committee of ASSOSIM (the Italian Association of Financial Intermediaries); from 2007 to 2010 a Member of the Executive Committee of the AIBE (the association of foreign banks operating in Italy), and chaired its "Insurance Guidelines for the implementation of the Law 231/2001 Organisational Model" technical commission, and "Legal and Compliance" technical commission.
She has chaired the Supervisory Body of Guccio Gucci S.p.A. and Gucci Logistica S.p.A. and been a member of the Supervisory Body of Citigroup International Limited, Citibank N.A. and Generali Business Solution S.p.A.
Currently she provides legal and regulatory consultancy on financial and corporate issues, and on Legislative Decree 231/2001, and focusses on extraordinary transactions, including disposals, mergers and acquisitions. She is member of the Board of Statutory Auditors and of the Supervisory Body of TIM S.p.A., member of the Board of Directors of Net Insurance S.p.A. and Chairman of the Supervisory Body of Cellularline S.p.A., and Autostrade per l’Italia S.p.A..
Member of the Supervisory Body
Download the CV in PDF version
Carlo Piergallini was born in Ripatransone (A.P.) on 7.10.1958 and graduated with a degree in Law on 7 July 1982 from the University of Macerata. The title of the Institutions of Criminal Law thesis discussed was "L'offesa e il danno nella teoria generale del reato" ("Offence and Damage in the General Theory of Crime"), and a grade of 110/110 with honours was awarded.
He was appointed as a magistrate by Ministerial Decree on 29 May 1985.
Professor Carlo Piergallini worked at the Court of Macerata until February 1997, first as a magistrate and then as a judge at the Criminal Court, as well as acting as a judge for preliminary investigations.
Between March 1997 and September 2001, he was seconded to the Office of Legislative Affairs of the Directorate-General of Criminal Affairs of the Ministry of Justice.: Here, he was a member of the various ministerial commissions responsible for drawing up all the key reforms of the 1997/2001 term(the introduction of the single judge of first instance, law 507/1999 on decriminalisation, legislative decree 274/2000 on the criminal jurisdiction of the Justice of the Peace, legislative decree 231/2001 on the administrative liability of entities dependent on crime). He was also a member of the Scientific committee within the Commission for the reform of the Penal Code, chaired by Prof. Carlo Federico Grosso.
With regard to his academic activity, Professor Carlo Piergallini has held the position of "subject expert" in the tenure of criminal law at the University of Macerata and the University of Pavia. In the academic year 1994/1995, he taught "Environmental criminal law", as a contract professor at the Faculty of Law at the University of Macerata. He was also a contract professor of Institutions of law and criminal procedure in the academic year 1998/1999, at the Faculty of Political Science at the University of Macerata.
In October 2001 Professor Carlo Piergallini left the judiciary, following his appointment as Associate Professor of Criminal Law at the University of Macerata. In October 2005, he was appointed Assistant Professor before finally becoming Full Professor in October 2008.
In addition to his teaching, and in relation to the conduction of criminal law and commercial criminal law courses, Professor Carlo Piergallini is the trustee of numerous teaching modules at the Postgraduate school for legal professions (University of Macerata and Camerino).
On 25 May 2006 and 13 April 2007, he was also named as an expert consultant (together with a university lecturer in Business Economics) by the Judge for the preliminary proceedings at the Court of Bari, within the context of the criminal proceedings brought against six multinational pharmaceutical companies under investigation for corruption, pursuant to Article 24 of Legislative Decree 231/01. In this role, Professor Carlo Piergallini was entrusted with the task of analysing the structure and assessing the adequacy of the organisation, management and control models of crime-risk adopted by the companies under investigation in the period 2002/2006, in accordance with Article 6 of the aforementioned Legislative Decree. The expert reports, consisting of six volumes of around three hundred pages each, were filed in May 2007 and May 2008: one of these was published in the Rivista italiana di diritto e procedura penale, file 3/2010, 1434-1532. Similar assignments in the role of expert against six pharmaceutical companies (which, pursuant to Legislative Decree 231/2001, were under investigation for the crimes of fraud against the State, criminal conspiracy and tax fraud) were conferred upon him by the Judge for Preliminary Investigations at the Court of Florence on 3 October 2010: the relevant reports, each of around three hundred pages in length, were filed during the year 2011.
Professor Piergallini has also been a member of:
1) the Study group tasked with drafting a proposal to revise the penal system through the introduction of decriminalisation regulations, as established by the Ministry of Justice with the decree of 14 December 2012; 2) the Commission for the formulation of proposal for interventions regarding the system of criminal penalty measures, established by the Ministry of Justice with the decree of 10 June 2013; 3) the Commission to implement Law 67 of 28 April 2014 on non-custodial prison sentences and decriminalisation, established by the Ministry of Justice with the decree of 27 May 2014; 4) the Commission on the survey of application practices and possible proposals for the amendment of Legislative Decree 231/2001, established by the Ministry of Economy and Finance, in conjunction with the Ministry of Justice, with the decree of 25 February 2016.
Professor Piergallini has also held the following positions: since November 2014, he has been Chairman of the Supervisory Board for the Italian national rail company, Ferrovie delle Stato Italiane s.p.a.; since December 2016, he has been Chairman of the Supervisory Board for Italgas s.p.a.; since July 2017, he has been Chairman of the Supervisory Board for Consip s.p.a.
Professor Piergallini has written a number of publications; the most significant of these include:
1) La responsabilità del produttore: avamposto o Sackgasse del diritto penale? (The responsibility of the manufacturer: an outpost or cul-de-sack of criminal law?), in the publication Riv. it. dir. proc. pen., 1996, 354 and subsequent pages;
2) Attività produttive e imputazione per colpa: prove tecniche di "diritto penale del rischio" (Manufacturing activities and indictment of guilt: technical evidence of the "criminal law of risk") in the publication Riv. it. dir. proc. pen., 1997, 1473 and subsequent pages;
3) Danno da prodotto e responsabilità penale. Profili dommatici e politico-criminali (Defective products and criminal liability. Dogmatic and political-criminal profiles) Giuffrè, 2004, 1-644;
4) Sistema sanzionatorio e reati previsti dal codice penale (The penalty system and offences under the Criminal Code) in the publication Diritto penale e processo, 2001, 1353 and subsequent pages;
5) Societas delinquere et puniri non potest: la fine tardiva di un dogma (Societas delinquere et puniri non potest or “a legal entity cannot be blameworthy": the late end of a dogma) in the publication Rivista trimestrale di diritto penale dell’economia, 2002, 571 and subsequent pages;
6) La responsabilità amministrativa delle persone giuridiche (The administrative liability of legal persons) in the publication I nuovi reati societari: diritto e processo, edited by Giarda-Seminara, Cedam, 2002, 65-115;
7) L’apparato sanzionatorio (The penal system) in Reati e responsabilità degli enti, edited by Lattanzi, Giuffrè, 2005, 173-234;
8) La colpa di organizzazione (The guilt of the organisation) in the publication La responsabilità amministrativa delle società e degli enti, file 3/2006, 167-184 (work written in collaboration with Professor Carlo Enrico Paliero);
9) Esposizione ad amianto e tutela della salute: profili penalistici (Asbestos exposure and safeguarding of health: penal profiles) in the publication Il rischio da amianto, edited by Montuschi-Insolera, Bononia University Press, 2006, 31-44;
10) Non punibilità e condoni fiscali (Immunity to punishment and tax amnesties) in the publication Rassegna tributaria, 1/2006, 99 and subsequent pages;
11) Fondamento, funzioni e limiti delle moderne forme di impunità retroattiva (The fundamentals, functions and limits of modern forms of retroactive impunity) in the publication Studi in onore di Giorgio Marinucci, edited by Dolcini-Paliero, Milan, II, 2007, 1653 and subsequent pages;
12) item Persone giuridiche (Responsabilità da reato delle) (Legal persons (Criminal liability of) ) in the publication Il Diritto. Enciclopedia giuridica del Sole 24Ore, Milan, vol. 11, 2007, 179-195;
13) La responsabilità del produttore: una nuova frontiera del diritto penale? (The responsibility of the manufacturer: a new frontier in criminal law?) in the publication Dir. pen. proc., 9/2007, 1125 and subsequent pages;
14) La regola dell’”oltre ragionevole dubbio” al banco di prova di un ordinamento di Civil Law (The rule of "beyond reasonable doubt" on the test bench of a Civil Law system) in the publication Riv. it. dir. proc. pen., file 2-3/2007, 593-647;
15) La struttura del modello di organizzazione, gestione e controllo del rischio-reato (The structure of the organisation, management and control model of crime-risk) in the publication Reati e responsabilità degli enti, edited by Lattanzi, Giuffrè, 2010, 153-196;
16) I reati presupposto della responsabilità dell’ente e l’apparato sanzionatorio (The offences that assume the liability of institutions and the penalty system) in Reati e responsabilità degli enti, edited by Lattanzi, Giuffrè, 2010, 211-254;
17) Il volto e la ‘formalizzazione’ delle regole cautelari nei modelli di prevenzione del rischio- reato (The face and the 'formalisation' of precautionary rules in crime-risk prevention models) in the publication Responsabilità penale e rischio nelle attività mediche e d’impresa, edited by Bartoli, Firenze University Press, 2010, 525-544;
18) Spunti in tema di responsabilità degli enti (Starting points with regard to the liability of institutions) in the publication by various authors, La crisi finanziaria: banche, regolatori, sanzioni, Atti del Convegno (Courmayeur, 25-26 September 2010), Giuffrè, 2010, 107-129.
19) Attività produttive, decisioni in stato di incertezza e diritto penale (Manufacturing activities, decisions in a state of uncertainty and criminal law) in the publication Sicurezza e diritto penale,
edited by Donini-Pavarini, Bononia University Press, 2011, 327-364;
20) Il modello organizzativo alla verifica della prassi (The organisational model put to the test in practice) in the publication Le Società, supplement to no. 12: “Legislative Decree no.231/2001: dieci anni di esperienze nella legislazione e nella prassi”, 2011, 45-55;
21) “Civile” e “Penale” a perenne confronto: l’appuntamento di inizio millennio ("Civil" and "Criminal" in perpetual confrontation: the date at the beginning of the millennium) in Riv. it. dir. proc. pen., 2012, 1299-1333.
22) Paradigmatica dell’autocontrollo penale (dalla funzione alla struttura del ‘modello organizzativo’ ex d. lgs. 231/2001) (A paradigmatic view of penal self-checking (from the function to the structure of the 'organisational model' pursuant to Legislative Decree 231/2001) in the publication Cass. pen., 2013, part I, 376-399;
23) Paradigmatica dell’autocontrollo penale (dalla funzione alla struttura del ‘modello organizzativo’ ex d. lgs. 231/2001) (A paradigmatic view of penal self-checking (from the function to the structure of the 'organisational model' pursuant to Legislative Decree 231/2001) in the publication Cass. pen., 2013, part II, 842-867;
24) Colpa di organizzazione e impresa (The guilt of organisations and enterprises) in the publication Reato colposo e modelli di responsabilità, edited by Donini-Orlandi, Bononia University Press, 2013, 161-181;
25) Responsabilità dell’ente e pena patrimoniale: la Cassazione fa opera nomofilattica (The liability of insititutions and asset-linked punishment: the Supreme Court tasked with ensuring the exact observance of the law) in the publication Riv. it. dir. proc. pen., 2014, 998-1011;
26) Il fondamento della prescrizione nel diritto penale (ancora una volta) all’esame della Consulta (The basis of the statute of limitations in criminal law (again) under examination by the Constitutional Court of Italy) in the publication Giur. cost., 3/2014, 2371-2381;
27) Colpa e attività produttive: un laboratorio di diritto “cedevole” (Negligence and manufacturing activities: an "unstable" law laboratory) in the publication Criminalia, 2014, 387-400;
28) Autonormazione e controllo penale (Self-regulation and penal controls) in the publication Dir. pen. proc., 3/2015, 261/266;
29) I delitti contro l’inviolabilità del domicilio e dei segreti (Crimes against the inviolability of the home and of secrets) in the publication I delitti contro la persona, Trattato di diritto penale – Parte Speciale, supervised by Marinucci-Dolcini, vol. X, Padua, 2015, 693-879;
30) Reati contro il patrimonio (Crimes against property) (curatorship), Turin, 2015;
31) Autoriciclaggio, concorso di persone e responsabilità dell’ente: un groviglio di problematica ricomposizione (Self-laundering, accomplice and the liability of institutions: a tangle of problems of reconstruction) in the publication Scritti in onore di Luigi Stortoni, edited by Mantovani-Curi-Tordini Cagli-Torre- Caianiello, Bononia University Press, 2016, 739 and subsequent pages;
32) Autonormazione e controllo penale: verso la privatizzazione delle fonti? (Self-regulation and penal controls: towards the privatisation of sources?) in the publication La crisi della legalità. Il “sistema vivente” delle fonti penali (The "living system" of penal sources), ESI, 2016, 117 and subsequent pages;
33) item Colpa (Guilt) in the publication Enciclopedia del diritto, Annali, X, Milan, 2017, 222-265;
34) Attività giornalistica e responsabilità dell’ente (Journalistic activity and responsibilities of the institution) in the publication Dir. pen. contemporaneo, 3/2017, 105-113;
35) Pene ‘private’ e prevenzione penale: antitesi o sincrasi? (‘Private' punishment and crime prevention: antithesis or fusion?) in the publication La pena, ancora: fra attualità e tradizione, Studi in onore di Emilio Dolcini, edited by C.E. Paliero-F. Viganò-F. Basile-G.L. Gatta, Milan, Volume II, 2018, 631-662;
36) Premialità e non punibilità nel sistema della responsabilità degli enti (Rewards and non-punishability in the system of liability of instittutions) in the publication Dir. pen. proc., 4/2019, 530-550;
36) L’omicidio stradale al primo vaglio della Consulta: tra ragionevoli self restraint e imbarazzati silenzi (Traffic-related murder at the first examination of the Constitutional Court of Italy: between reasonable self-restraint and embarrassed silences) in the publication Giur. cost.., 2/2019, 1209 and subsequent pages.
Member of the Supervisory Body
Download the CV in PDF version
Download the photo
Born on December 14, 1970 in Milan, after graduating in Business Administration at LIUC, he completed his training at the I.N.S.E.A.D in Fontainebleau and at the London Business School.
He began his professional career in Arthur Andersen in the Audit division where he remained until January 2001.
In February 2001 he became Chief Audit Executive of Sapio Group (part of Air Products & Chemical Inc) with the task of establishing the Audit Department, an experience that ended in December 2004.
In January 2005 he joined Heineken, dealing in an initial phase with the start-up of the Audit Department in Italy, afterwards assuming the coordination of the Audit activities at the European level in the Wholesale sector. In 2009 he moved to the Netherlands taking responsibility for the Global Audit Africa and Middle East until August 2012.
From September 2012 to August 2013 he returns to Italy for Heineken Italia Group with the role of Strategic Project Manager & Change Manager.
In September 2013 he held the position of Chief Audit Executive of Ferrero International in Luxembourg where he is entrusted with the task of leading a transformation program of the Audit Department and cooperates in the redefinition of the composition and governance of the Audit Committee.
He was member of numerous Supervisory Bodies pursuant to Legislative Decree 231/2001; from June 2017 he joined the Board of the Italian Internal Audit Association (AIIA) and from June 2020 of the related Executive Committee; he is member of the European Board Confederation of Institutes of Internal Auditing (ECIIA).
Under the new Organisational Model, supervisory functions ex D.Lgs. 231, formerly performed by the Statutory Auditors, have been allocated to a new and separate structure, the Supervisory Body, which will provide specialist supervision, notwithstanding the link with the control function of the Board of Statutory Auditors.
The Board of Directors appointed as members of the Supervisory Body Giuseppe Pignatone (Chairman), Carlo Piergallini, the Statutory Auditor Anna Doro and Massimiliano Turconi (director of Internal Audit).