Assistance to companies in proceedings under Article 34-bis of the Italian Anti-Mafia Code.
Judicial control is a measure provided for by the Italian Anti-Mafia Code for companies exposed to a risk of infiltration or facilitation that is considered occasional and capable of being overcome through a process of supervision, prescriptions and organisational restructuring. It does not coincide with an anti-Mafia interdiction measure and is not simply a challenge to the Prefect’s decision: it is an autonomous measure ordered by the court competent for prevention measures.
Article 34-bis of Legislative Decree 159/2011 provides that the court may order judicial control over economic activities and businesses where the facilitation is occasional and factual circumstances show a concrete risk of Mafia infiltration capable of influencing the company’s activity. The measure may consist of periodic reporting obligations or the appointment of a delegated judge and a judicial administrator.
For companies affected by an anti-Mafia interdiction measure, judicial control may also become relevant as a tool to allow, within the limits provided by law, the continuation of business activity and the recovery of operations in public-sector relationships. The application must be carefully prepared, showing the concrete possibility of removing the risk factors and strengthening the company’s organisation.
Avv. Vecce assists businesses, companies, consortia and economic operators in assessing the requirements for applying for judicial control, preparing the application, reconstructing the company’s structure, managing relations with the judicial administrator, the court, the Prefecture and contracting authorities, and monitoring the phase following admission to the measure.
Activities covered
Why it matters
Recovering operations
Judicial control may allow the company to continue its activity under supervision, mitigating the paralysing effects of anti-Mafia risk.
Managing prescriptions
Admission to judicial control entails obligations, communications, checks and compliance duties that must be handled in an orderly manner.
Demonstrating discontinuity
The application must show the company’s ability to remove critical issues, strengthen controls, modify structures and prevent further forms of influence.
Protecting contracts and business relationships
The measure may affect public contracts, authorisations, subcontracts, suppliers and relationships with contracting authorities.
FAQ
What is judicial control?
It is a measure provided for by Article 34-bis of Legislative Decree 159/2011 that allows the court to subject the company to supervision and prescriptions where the facilitation is occasional and there is a concrete risk of Mafia infiltration capable of influencing the company’s activity.
How long does judicial control last?
It cannot last less than one year or more than three years. The actual duration is set by the court in the decision ordering the measure.
Who can apply for judicial control?
In the cases provided for by Article 34-bis, judicial control may be ordered by the court. In addition, a company affected by an anti-Mafia interdiction measure may apply for it within the time limits and subject to the requirements laid down by law. The application must demonstrate the occasional nature of the risk and the possibility of restoring the company to lawful operating conditions.
Does judicial control annul the anti-Mafia interdiction measure?
No. Judicial control does not annul the interdiction measure. It may affect its effects within the limits provided by law and according to the court’s decision, but it remains distinct from the challenge to the Prefect’s measure.
What is the difference between judicial control and collaborative prevention?
Collaborative prevention is a Prefectural measure under Article 94-bis of Legislative Decree 159/2011 for cases of occasional facilitation. Judicial control, by contrast, is a measure ordered by the court under Article 34-bis. The choice of instrument depends on the stage of the case, the type of risk and the measure received by the company.
What must the company demonstrate?
The company must show that the risk is recoverable, that the facilitation is not structural and that there are concrete conditions for removing the critical factors through prescriptions, controls, organisational changes and cooperation with the bodies involved in the procedure.
What happens after admission to judicial control?
The company must comply with the prescriptions imposed, cooperate with the delegated judge and any judicial administrator, provide information, document its business relationships and adapt its organisation in accordance with the instructions received.
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