From 24 January the violation of EU international sanctions has become a criminal violation, also triggering the criminal liability of corporations.
Through Legislative Decree No. 211 of 2025 (the decree) Italy implemented Directive (EU) 2024/1226 on the definition of criminal offences and penalties for violating union restrictive measures (the directive). The government published the decree in the Official Journal on 9 January, and it entered into force on 24 January.
Several months after the expiration of the directive’s transposition deadline, Italy has adopted a comprehensive framework on the criminalization of breaches of EU restrictive measures.
The decree:
- criminalizes conduct that was previously subject only to administrative sanctions, particularly under Legislative Decree No. 109/2007;
- strengthens and supersedes criminal penalties for individuals;
- introduces new criminal offences, adding a specific chapter on crimes affecting the EU’s foreign and common security policy to the criminal code;
- makes certain criminal violations predicate offences under Legislative Decree No. 231/2001 (the Decree 231), governing corporate criminal liability, significantly increasing monetary penalties (which can now be up to 5% of a company’s global turnover); and
- introduces amendments to the Code of Criminal Procedure, the whistleblowing legislation, and the legal framework on preventing and combating terrorism.
The new provisions may increase risks for companies, their employees, and their directors.