ITALY Law and Practice Contributed by: Alessandro Pistochini, Francesca Lazzeri, Andrea Gaudio and Guido Stampanoni Bassi, Pistochini Avvocati Studio Legale
Improper allocation of money or other properties by a Public Official or a person in charge of a public service – Article 314-bis of the ICC: • individuals – imprisonment from six months to three years (or from six months to four years when the act affects EU financial interests and the unjust financial advantage of unjust damage exceeds EUR100,000); and • legal entities – a fine of up to 200 units (when the act affects EU financial interests). Extortion by a public official – Article 317 of the ICC: • individuals – imprisonment for six to twelve years; and • legal entities – a fine of 300 to 800 units along with disqualifying penalties. Bribery in the performance of official duties - Article 318 of the ICC: • individuals: imprisonment from three to eight years; and • legal entities – a fine of up to 200 units. Bribery for an act in violation of official duties – Article 319 of the ICC: • individuals – imprisonment from six to ten years; and • legal entities – a fine of 200 to 600 units (or of 300 to 800 units in the event of significant profit by the company as a consequence of the crime) along with disqualifying sanctions. Bribery in relation to judicial acts – Article 319-ter of the ICC: • individuals – imprisonment from six to twelve years; the penalty is increased if the act results in the wrongful conviction of someone; and • legal entities – a fine of 200 to 600 units (or of 300 to 800 units if the act results in the wrongful conviction of someone) along with disqualifying sanctions.
Undue inducement to give or promise benefits – Arti - cle 319-quater of the ICC: • individuals – imprisonment from six years to ten years and six months for the public officer, and of up to three years (or up to four years when the act affects EU financial interests and the damage or profit is greater than EUR100,000) for the briber; and • legal entities – a fine of 300 to 800 units along with disqualifying sanctions. Illicit influence peddling – Article 346-bis of the ICC: • individuals – imprisonment for one year and six months to four years and six months; the penalty is increased if the person who improperly induces the giving or promising of money or other economic benefits, to themselves or to others, holds the position of a Public Official, a person in charge of a public service, or one of the positions referred to in Article 322-bis; the penalty is also increased if the acts are committed in connection with the exercise of judicial activities or to remunerate a Public Offi - cial, a person in charge of a public service or one of the other subjects referred to in Article 322-bis, in relation to the performance of an act contrary to official duties or to the omission or delay of an act of their office; and • legal entities – a fine of up to 200 units. Interference with the freedom of tenders (Article 353 of the ICC) and Interference with the integrity of the procedure for choosing a bidder (Article 353-bis of the ICC): • individuals – imprisonment for six months to five years and a fine of EUR102 to EUR1,032; and • legal entities – a fine of up to 500 units; if the com - pany has obtained a profit of significant amount, or if particularly serious damage has occurred, a pecuniary sanction of 200 to 600 units shall be applied. False statements in corporate reporting – Article 2621 of the Civil Code:
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