ITALY Law and Practice Contributed by: Alessandro Pistochini, Francesca Lazzeri, Andrea Gaudio and Guido Stampanoni Bassi, Pistochini Avvocati Studio Legale
6.2 Voluntary Disclosure Incentives Regarding the incentives provided by the legal system for reporting acts of corruption, it is important to high - light the presence of two particularly advantageous legal instruments for individuals. The two special mitigating circumstances are outlined in Article 323-bis, paragraph 2, of the Criminal Code and Article 323-ter of the Criminal Code. Specifically, the first applies when the perpetrator has co-operated with justice, while the second is a cause for non-pun - ishment that applies to those who, before becoming aware of an investigation against them, voluntarily report themselves for corruption within four months. For more details, see 7.4 Discretion for Mitigation and Aggravation . Regarding the liability of entities, legislative Decree 231/01 provides protection measures for whistle- blowers, who can report illegal activities without fear of retaliation. For more details, see 6.4 Protection Afforded to Whistle-Blowers and 6.5 Incentives Pro- vided to Whistle-Blowers . 6.3 Self-Disclosure Procedures Self-Disclosure for Individuals For individuals who want to self-disclose about their own irregularities, the possibility of self-reporting is grounded in everyone’s right to provide testimony or to approach the competent authority. Self-Disclosure for Legal Entities For legal entities, self-disclosure procedures are regu - lated by the whistle-blowing legislation. Decree No 24/2023 reshaped the Italian regulation on whistle- blowing by dealing with both the public and private sector in the same legislative act. It was approved on 10 March 2023, and its provisions were effective as of 15 July 2023 (as of 17 December 2023 for private sector entities that employed an average of fewer than 250 workers in the last year). The Decree implements the principles and dictates of EU Directive 2019/1937 of the European Parliament and of the Council of 23 October 2019, on the protec - tion of persons who report breaches of EU law and of persons who report breaches of national laws.
• individuals – imprisonment for one to five years; and • legal entities – a fine of 200 to 400 units. False statements in corporate reporting by listed com - panies – Article 2622 of the Civil Code: • individuals – imprisonment for three to eight years; and • legal entities – a fine of 400 to 600 units. Corruption between private parties – Article 2635 of the Civil Code: • individuals – imprisonment for one to three years; and • legal entities – a fine of 400 to 600 units along with disqualifying sanctions. 5.2 Guidelines Applicable to the Assessment of Penalties With regard to individuals, the guidelines or principles applicable to the assessment of the penalties are pro - vided by the “general part” of the Criminal Code, in Articles 132 and 133. The first legal provision states that the application of penalties shall be at the judge’s discretion, within the limits (minimum and maximum) established by the law for each crime; the second one specifies the principles to be applied by the judge in the exercise of discretionary powers (eg, the judge must consider the seriousness of the offence and the individual’s attitude toward the crime). Sanctions are increased in the event of a repeat offence, in accord - ance with Article 99 of the ICC. Articles 11, 14 and 20 of Legislative Decree No 231/2001 state similar principles for the administra - tive liability of legal entities.
6. Disclosure Processes 6.1 Disclosure Obligations
In the Italian criminal system, there is no obligation for individuals who are not public officials or companies to report bribery or other crimes against the public administration, of which they become aware, to the judicial authority.
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